Moreno v. State

MARTIN, Judge.

Offense, burglary; punishment, five years in the penitentiary.

The indictment which purported to charge appellant with the offense of burglary is under attack. A part of it reads :

“Did then and there unlawfully by force and threats and fraud enter a house there situated.” '

There is an entire absence of any allegation that the entry was by breaking or that it occurred in the nighttime or daytime. There is no such offense defined by the penal code as that attempted to be set out in the indictment against appellant in this case. A burglary is committed by entering a house by force,…