Linton v. State

OPINION

BELCHER, Judge.

The conviction is for burglary of a private residence at nighttime with the intent to commit the felony offense of fondling; the punishment, five years.

In his first ground of error the appellant complains that the trial court erred in overruling the appellant’s motion to quash the indictment.

First, the appellant complains that the indictment does not allege that the female named therein was not the wife of the accused. Such an allegation is not essential to the validity of an indictment charging an offense under Art. 535d, Vernon’s Ann.P.C. Griffin v. State, 159…