Nix v. State

OPINION

Before BRYNER, C. J., COATS and SINGLETON, JJ. PER CURIAM.

This is an appeal from convictions by a jury on two counts of burglary in a dwelling. Nix contends that the indictment was defective. He was indicted and tried on three counts of burglary in a dwelling. He was acquitted on Count I which alleged that he had unlawfully entered a dwelling with the intent of committing larceny. The challenged counts which resulted in his convictions charged, in Count II, that Nix

did unlawfully break and enter a dwelling house .. . and [was] armed with a dangerous weapon ....

and, in Count III, that he