Dixon v. State

MORROW, Judge.

—The appellant, by a sufficient indictment, was charged with the offense of burglary, and on conviction his punishment was fixed at confinement in the penitentiary for a period of ten years.

In the motion for a new trial the sufficiency of the indictment is challenged upon the grounds that it does not contain a specific allegation that the offense was committed anterior to the presentation of the indictment. It does, appear, however, that the indictment was filed April 17, 1919; and it is recited in the indictment that the presentation was made at the March term, 1919, and…