Houser v. State

Jackson, Judge.

Tbe defendant was indicted for tbe offence of burglary at nigbt; he was found guilty and sentenced to tbe penitentiary for five years ; be made a motion for a new trial on various grounds therein contained; tbe motion was overruled on all tbe grounds, and tbe judgment of tbe court in thus overruling tbe motion, is tbe error complained of.

1. Tbe defendant demurred, on tbe trial, to tbe sufficiency of tbe indictment in this, that it alleged that be did break and enter in tlie night-time, a certain store-house where valuable goods were stored with intent to steal, and did take and…