Newman v. State

MORROW, Presiding Judge.

The conviction is for the attempt to commit the offense of burglary; punishment fixed at confinement in the penitentiary for a period of two years.

The indictment charges an attempt to enter and break into the house of John Hutchins “with the intent then and there to take therefrom corporeal personal property.” An indictment for burglary or attempt to commit burglary in order to commit the crime of theft has, in many decisions of this court, been declared insufficient unless the elements of the crime of theft are properly embraced therein. For collation of authorities…