Portwood v. State

Citations

• 29 Tex. 47

Syllabus

<p>Art. 398 of the Code of Criminal Procedure reads as follows: “ The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar of any prosecution for the same offense.” (Paschal’s Dig., Art. 2865, Note 722.) Art. 724 of the Penal Code reads as follows: “The offense of burglary is constituted by entering a house by force, threats, or fraud, at night, or, in like manner, by entering a house during the day and remaining concealed therein until night, with the intent in either case of committing a felony.” (Paschal’s Dig., Art. 2359.) In charging the offense of burglary, it is essential that the indictment should state that the house was entered for the purpose of committing a felony, and it should also be stated that the accused intended to commit burglary and the particular felony.</p> <p>As a general rule, the indictment may follow the language of the statute; but there are cases where more particularity is required, either from the obvious intention of the legislature, or from the application of known principles of law.</p>