O'Neal v. State

HAWKINS, Judge.

Conviction is for burglary, punishment being two years in the penitentiary.

Bill of exception No. 3 brings forward appellant’s complaint at the court’s refusal to arrest the judgment which was sought upon the ground that the indictment was fatally defective in that it did not aver that appellant “fraudulently” entered the house. We perceive no vice in the indictment. It follows approved forms as well as the statute defining burglary and theft. (Articles 1389 and 1410, P. C., 1925.) It avers that appellant entered a house occupied and controlled by Lester Brown in the night time…