Gales v. State

MAXWELL, J.,

for the Court:

¶ 1. There are three essential elements that must be alleged in an indictment charging a defendant with burglary of a nondwelling — (1) the defendant unlawfully broke and entered into a building, (2) where anything of value is kept for use, (3) with the intent to commit some specific crime once inside.1 But here, Gene Gales *1239was convicted of nondwelling burglary-based on an indictment that charged only one of the three mandated elements — that he broke and entered an unoccupied dwelling.

¶2. Because the Mississippi Supreme Court has emphasized that “[a]n indictment…