Ash v. State

ON REHEARING

January 3, 1923.

LATTIMORE, Judge.

Appellant assails the correctness of our holding that the indictment herein was in regular form, and insists that same is insufficient. Said indictment follows the form laid down by Mr. Branch in his Annotated Penal Code, p. 1293, in the second count there set out. See Jones v. State, 53 Texas Crim. Rep., 470. “Breaking” as that term is used in the law of burglary is defined in Article 1308 of our Penal Code to be an entry made with actual force. A charge that one attempted to break and enter a house would seem, therefore, to necessarily charge an…