Martini v. State

CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for two years.

The burglary was charged with intent to commit theft. It was not averred in the indictment that appellant intended to deprive the owner of the value of the property.

Where burglary is charged to have been committed with intent to commit the offense of theft, each element or ingredient of the theft intended to be committed must be alleged. Branch’s Annotated Penal Code, Section 2329; Robinson v. State, 160 S. W. 456; Reed v. State, 14 Tex. Ct. of App. 662; Treadwell v. State, 16 Tex. Ct. of…