Jester v. State

Citations

• 26 Tex. Ct. App. 369
• 9 S.W. 616
• 1888 Tex. Crim. App. LEXIS 199

Syllabus

<p>1. Petit Jury.—A constitutional jury for the trial of causes in the district court consists of twelve persons.</p> <p>3. Burglary—Theft—Indictment.—The charging clause of the indictment, in alleging the burglarious entry, as copied into the record, reads as follows: “ Then and there by force break and enter a house,” etc.,— omitting the essential word “did.” Held that, if the said word is omitted in the original indictment, it is insufficient to charge burglary. Appearing, however, in the proper connection in the clause charging theft of certain articles the indictment is sufficient as an indictment for theft.</p>