Henderson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In his motion for rehearing appellant raises a matter not heretofore raised nor called to our attention, and which escaped us. The indictment herein charging an attempt to commit burglary, fails to allege that appellant intended, in attempting to break and enter the house in question, to “fraudulently” take therefrom corporeal personal property therein belonging, etc. In other words, that the indictment omits the necessary allegation that appellant intended to fraudulently take the property in the house. The matter has been recently before this court…