Holcomb v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for burglary of a habitation. 1 On October 6, 1976, the jury returned a verdict of “guilty” and thereafter the trial court assessed the punishment at ten years confinement in the Texas Department of Corrections.

The sufficiency of the evidence is not challenged. In his first ground of error, appellant contends that the indictment under which he was convicted was fundamentally defective for failing to allege a culpable mental state. 2

The indictment, in pertinent part, alleges that appellant:

“heretofore on or about April 28, 1976, did…