Mitchell v. State

LATTIMORE, Judge.

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

An unbroken line of authorities in this state lay down the rule that when one is charged with burglary with intent to commit some felony, it is necessary that the indictment set out the constituent elements of the felony which the state charges the accused intended to commit after his entry into the building. Reed v. State, 14 Texas App., 666; Treadwell v. State, 16 Texas App., 643; O’Brien v. State, 27 Texas App., 448. The indictment in the instant case fails to allege that appellant intended to take from the…