Weaver v. State

MORROW, Presiding Judge.

— The offense is burglary; penalty assessed at confinement in the penitentiary for two years.

The indictment contains an averment that the house belonged to one Cecil Logan. It also alleged that it was the intent of the appellant to fraudulently take, steal and carry away the property from said house belonging to the owner. The indictment is attacked upon the ground that it fails to contain an averment that the property was taken “from the possession of” the owner. It is subject to the same criticism that caused the reversal of the case of Garrett v. State, 43 S. W.…