Santana v. State

OPINION

W.C. DAVIS, Judge.

A jury convicted appellant of burglary of a building, V.T.C.A., Penal Code, § 30.-02(a)(1). The court assessed punishment at twelve years’ confinement.

Appellant contends that the court erred when it overruled his motion to quash the indictment. The indictment tracks the words of the statute and alleges that appellant burglarized “a portion of a building” in El Paso County. Appellant argues that this description is vague, indefinite and defective under Articles 21.09' and 21.02, § 7, V.A.C.C.P.1

The general rule is that an indictment that tracks the words of a statute…