Morrow v. State

OPINION

CANTU, Justice.

Review is sought from a conviction of burglary of a building. Trial was to a jury which set punishment at 18 years’ confinement in the Texas Department of Corrections.

By his first ground of error, appellant contends the indictment is fundamentally defective because it fails to allege all the essential elements of burglary of a building under Tex.Penal Code Ann. § 30.-02(a)(3) (Vernon 1974).1 The complaint focuses around the alleged failure of the indictment to contain a culpable mental state. Appellant insists the indictment should have alleged a knowing or intentional…