Brown v. State

Citations

• 7 Tex. Ct. App. 619

Syllabus

<p>1. Burglary.—Indictment for burglary must allege that the entry was effected by force, threats, or fraud, and without the free consent of the occupant, or of some one authorized to give such consent. Averment that the entry was “with force and arms” does not supply these allegations; nor, under the Code of this State, are those words necessary in the indictment.</p> <p>2. Same. — Indictment for burglary must set forthwith certainty the offence with intent to commit which the burglarious entry was effected.</p> <p>3. Special Plea—Verdict. — When the accused has specially pleaded former conviction or acquittal, as well as not guilty, the verdict must expressly find whether the special plea is true or untrue.</p>