Taylor v. State
Court of Appeals of Texas
Appeal from the District Court of San Saba. Tried below before the Hon. A. W. Moursund. The conviction was of burglary, and the penalty assessed was a term of two years in the penitentiary. The opinion discloses the case.
1Opinion of the Court
Willson, Judge.
It is usual but not essential in an indictment for burglary to allege that the breaking and entering was without the consent of the owner or occupant of the house. (Smith *640v. The State, 22 Texas Ct. App., 350; Buntain v. The State, 15 Id., 485.) In this particular the indictment before us is not bad; but in another particular we think the indictment is fatally defective.
Opinion delivered June 18, 1887.
It is well settled that an indictment for this offense must allege the felony or theft intended to be committed, with same particularity as would be required in an indictment…
2Cited by3 opinions
- Rivera v. State, Texas Court of Appeals, 5th District (Dallas)1986
- Sullivan v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Alexander v. StateCourt of Criminal Appeals of Texas · 1934