Bagwell v. State

SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted and convicted of burglary in the second degree, which is defined and prohibited under Title 14, § 86, Recompiled Code 1958. The trial court fixed the punishment at three years imprisonment. The pertinent part of the indictment reads as follows:

“ * * * The Grand Jury of said County charge that before the finding of this Indictment Dwight Bagwell did with intent to steal, broke [sic] into and entered [sic] a coin operated washing machine, a structure, or enclosure, specially constructed or made to deep [sic] goods,…