Shackelford v. State

Omitting formal parts, the indictment charged as follows: "did then and there unlawfully commit the offense of burglary by then and there discharging a firearm, towit: a gun, into the house occupied and controlled by Lizzie Shackelford, with the intent then and there to injure the said Lizzie Shackelford, the said Lizzie Shackelford then and there being in said house, against the peace and dignity of the State."

Motion was made to quash this indictment. It will be noticed that there is no direct allegation that appellant broke or entered the house with a view of committing any offense. The…