Beach v. State

Appellant was convicted on an indictment charging him with burglary and larceny, in which it was alleged that he and another broke and entered a “store building, there situated, of the property of Charles Minke," etc., and on appeal he seeks a reversal on the ground, among others, that there was a variance between the allegation of the indictment and the proof, as to the ownership of the store alleged to have been burglarized.

An indictment charging burglary must allege the ownership of the building burglarized, and there is language in the opinion in the case of Cooksey v. State, 175 Miss.…