Geary v. State

The offense is burglary; the punishment is two years nTthe penitentiary. A motion to quash the indictment was filed, in which it was alleged that the indictment did not charge the burglary of a private residence as it attempted to do, and that it did not charge burglary at all. The indictment as found in the record attempted to charge the burglary of a private residence. In order to do that, it is necessary to specifically allege that the residence was a room or house occupied as a residence by the party who is alleged to own the residence, and it must allege that it was so occupied at the…