Cantwell v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of burglary with intent to commit theft. The punishment was assessed at three years.

The sufficiency of the evidence is not challenged.

In his first ground of error, appellant contends that the indictment is fatally defective because the same does not allege ownership of the property that appellant is alleged to have intended to steal.

The indictment, omitting the formal parts, alleges that appellant and two others, on or about the 8th day of March, 1971, “did unlawfully by force, threats, and fraud, break and enter a…