Albert v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for burglary. V.T.C.A., Penal Code, Section 30.02. After pleading not guilty, the jury convicted appellant and assessed his punishment at four years’ confinement.

We are confronted at the outset with fundamental error in the court’s charge to the jury which requires reversal in the interest of justice. Article 40.09(13), Vernon’s Ann.C.C.P.; Article 36.19, Vernon’s Ann.C.C.P.

The indictment in the present case alleges burglary by “entering] a building without the effective consent of [the owner], and therein attempted to commit and…