Wilburn v. State

Reeves, Associate Justice.

The appellant was jointly indicted with Rachel Wilburn, charged with burglary in a dwelling-house. The intent, as charged in the indictment, was “ to commit therein a felony, to wit, theft.” It has been decided in several cases during the present term, on exception to the indictment, that it was not sufficient to allege in general terms that the intent was to commit a felony, or to commit theft, as in this case, but that the facts constituting the offense should be stated. There was no exception to the indictment; and appellant insists, on other grounds, that the…