Wilburn v. State

Citations

• 41 Tex. 237

Syllabus

<p>1. Burglary.—In charging the intention oi the accused in an indictment for burglary, it is not sufficient to charge au intention to commit a felony, bnt the particular offense should be stated and the facts necessary to constitute it set forth.</p> <p>2. Evidence.—On the trial of a defendant who was found guilty of burglary, a State witness was permitted to testify that his house had been broken open and robbed previous to the commission of the act for which defendant was being tried, and that he believed defendant and his wife were the guilty parties: Held, error, for which the judgment is reversed. x</p> <p>3. BURGLARY.—To constitute burglary, there must be a breaking and entry with a felonious intent; and it is not material whether the intention to commit a felony is actually carried into effect, or only demonstrated by the attempt or by some overt act, to be decided by the jury from the facts in evidence.</p>