Lopez v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with intent to commit theft, with the punishment, enhanced under the provisions of Article 62, Vernon’s Ann.P.C., being assessed at 12 years.

Appellant contends that the indictment is fundamentally defective in that it contained no description of the property to be taken.

Appellant acknowledges that there was no motion to quash the indictment filed and that earlier “cases dictate that a burglary indictment need not describe property alleged to have been taken,” but contends “these cases should be overruled and a more…