Smith v. State

OPINION

JACK SMITH, Justice.

This is an appeal from a conviction for burglary of a habitation. A jury found the appellant guilty as charged, and the trial judge found the enhancement paragraph to be true and assessed his punishment at sixteen years confinement.

The appellant’s sole ground of error states that the trial court erred in denying his motion to set aside the indictment because it failed to define the nature of the “theft” and the manner of “entry” into the habitation. The indictment charged that the appellant:

With intent to commit theft, entered a habitation owned by Joseph Richard,…