Pope v. State

CARR, Judge.

Appellant was convicted on an indictment, omitting formal parts, charging: “ * * * did in the nighttime, with intent to steal, break into and enter a building of John Berry and Ruth Berry, towit, a cafe, shop, store, storehouse, or warehouse, which said building was specially constructed or made to keep goods, wares or merchandise, and in which goods, wares or merchandise was kept for use, sale or deposit, against * *

Demurrer to the indictment presents the position that the failure to allege that the goods, wares or merchandise -are of any value makes the indictment insufficient.

In…