Franks v. State

OPINION

DALLY, Commissioner.

The appellant waived his right to a trial by jury and entered a plea of guilty before the court to the first count of an indictment which alleged he committed the offense of burglary of a private residence at night with the intent to commit theft; the punishment assessed was imprisonment for five years. The appellant asserts that his conviction must be set aside because his plea of guilty was accepted when he had not been advised of his constitutional rights and because the indictment was fatally defective.

The appellant contends that the trial court erred in…