Sims v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— In his motion for rehearing appellant presents a question not heretofore raised, viz: that the indictment is fatally defective and will not support the judgment. The conviction was for burglary of a private residence, the lowest punishment for which is five years, and the distinguishing characteristic of which in the statute defining the offense seems to be that the building be a private residence occupied and actually used as such at the time of such burglary. Under all the authorities it should be alleged in the indictment that the private…