Lindsey v. State

On Rehearing.

The point made on rehearing is that the Court charged the jury, “In the event you are satisfied beyond a reasonable doubt of the guilt of the defendant, the form of *27your verdict will be, we, the jury, find the defendant guilty of burglary as charged in the indictment;” whereas, the verdict of the jury, as returned, was, “We, the jury, find the defendant guilty as charged in the indictment.”

The indictment was in one count, charging burglary; the evidence for the State, if believed beyond a reasonable doubt, was sufficient to justify a verdict of guilty, as charged in the…