Broner v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

Appellant has filed a very comprehensive motion for a rehearing in which he insists that the indictment in this case is insufficient to charge the offense of burglary of a private residence at nighttime by discharging a shotgun into it.

We have again carefully reviewed the indictment, but are unable to agree with his contention. It will be noted that the indictment which is set out in the original opinion charges all the elements constituting burglary of a private residence at nighttime. It charges that appellant, at nighttime, committed the offense of…