Ex Parte Millard

OPINION ON STATE’S MOTION FOR REHEARING

CLINTON, Judge.

On original submission, we held an indictment for attempted burglary, basing a judgment of conviction that was used for enhancement of punishment, is void because it failed to allege every essential element of the crime of theft, the offense intended to be committed after entry. Requisites of the indictment are governed by the former penal code, attempted burglary being described by Article 1402 thereof.

We granted the State leave to file its motion for rehearing in view of its vigorous contention that the indictment, conceded to be…