Robinson v. State

DAVIDSON, Judge.

The indictment contains two counts, the first charging burglary of a private residence at night; the second count charges a daytime burglary of a private residence. The conviction occurred under the second count.

Without going into the question as to whether or not the second count was vicious in undertaking to charge a daytime burglary of a private residence because there is no such offense, or whether that part of the indictment should be treated as surplusage, .we find an objection urged against the indictment that seems to be fatal. The burglary was charged with intent to…