Bass v. State

Pannell, Judge.

The defendant was tried and convicted of the offense of burglary under Section 26-1601 of the Criminal Code, which provides that "[a] person commits burglary when, without authority and with the intent to commit a felony or theft therein, he enters . . . any building . . .” etc. He entered an appeal to this court from the overruling of his motion for new trial and the judgment of conviction and sentence. Held:

1. That the indictment alleged that the defendant did "feloniously enter” the building from which the goods were stolen rather than using the words "without authority” as…