Calloway v. State

LATTIMORE, Judge.

Conviction for attempt at burglary; punishment, two years in the penitentiary.

For two reasons we are compelled to hold the indictment in this case bad. Same contains no averment of the fact that appellant attempted to enter the store with the fraudulent intent to take therefrom, etc. That an indictment charging the offense herein involved must contain the allegation of such fraudulent intent is affirmed in Newman v. State, 113 Texas Crim. Rep., 517.

We further note that said indictment does not allege that appellant attempted to break and enter the house with the intent to…