Culpepper v. State

LATTIMORE, Judge.

— Conviction for burglary; punishment, two years in the penitentiary.

Under uniform authorities in this State, from the enactment of our Code, it has been held that to sufficiently charge burglary with intent to commit any named felony, all the statutory ingredients of such felony must be alleged in the indictment. Appellant being charged here with burglary with intent to commit theft, it was incumbent upon the State to allege in the indictment that he intended to take the property in the alleged burglarized house “without the consent of” the owner. Toder v. State, 269 S. W.…