Waller v. State

OPINION ON COURT’S OWN MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary of a building. Punishment was assessed by the jury at ten years.

This cause has been resubmitted on the Court’s motion in light of the holding on original submission that the indictment was fatally defective in that it failed to “allege that the building was not open to the public, a necessary element of the offense of burglary of a building.”

V.T.C.A. Penal Code, See. 30.02 “Burglary” provides in pertinent part:

“(a) A person commits an offense if, without the effective consent of the…