O'Brien v. State
Court of Appeals of Texas
Appeal from the District Court of Dallas. Tried below before the Hon. E. E. Burke. The conviction was for burglary, and the penalty assessed was a term of three years in the penitentiary. The sufficiency of the indictment is the only question determined on the appeal.
1Opinion of the Court
Hurt, Judge.
This is a conviction for burglary. The entry into the house is alleged to have been made with intent to commit theft.
The indictment fails to allege that the appellant entered the house with the fraudulent intent to take the property from the possession of the owner, etc., and that part of the indictment charging the theft fails to allege that the property was taken from the possession of the owner.
Theft, as are all other offenses in this State, is a crime by statute, and the rules of pleading applicable to such offenses must prevail. The language of the statute must be followed,…
2Cited by2 opinions
- Robles v. StateCourt of Criminal Appeals of Texas · 1984
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1975