Hicks v. State

Hicks was tried upon two charges of burglary, it being alleged that he broke and entered the dwelling of J. W. Stevens and on another occasion broke and entered the dwelling of Prank De-Gunnion. The informations did not specifically allege that the unlawful entries were made with the intent to commit the felony of assault to rape, but the State’s proof was to that effect, and the jury were instructed upon that theory of the ease. Hicks was found guilty and appeals from a judgment sentencing him to the maximum confinement of twenty-one years upon each count.

The judgment must be reversed for…