Green v. State
| Decision Date | 20 March 1886 |
| Citation | 17 S.W. 262 |
| Parties | GREEN v. STATE.<SMALL><SUP>3</SUP></SMALL> |
| Court | Texas Court of Appeals |
Appeal from district court, Denton county; F. E. PINER, Judge.
Indictment of George Green, alias Bally Green, for burglary. One count of the indictment alleged that defendant entered at night, and the other that he entered during the day. Verdict of guilty. Defendant appeals. Affirmed.
Owsley & Walker, for appellant. J. H. Burts, Asst. Atty. Gen., for the State.
This prosecution was for burglary, and the indictment contained two counts.
1. A motion was made to quash the first count, because it did not allege the value of the property intended to be stolen. Allegation of value of property intended to be taken is not essential to the validity of an indictment for burglary. Sullivan v. State, 13 Tex. App. 462.
2. It is insisted that the prosecution should have been compelled to elect, on motion of defendant, upon which count the conviction would be claimed. This position is not maintainable. Gonzales v. State, 5 Tex. App. 584; Keeler v. State, 15 Tex. App. 111, Masterson v. State, 20 Tex. App. 574.
3. The motion for continuance was properly overruled Defendant confessed his crime. There was no error in the charge of the court. The judgment is affirmed.
3. This case, filed March 20, 1886, is now published by request, with others, in order that the Southwestern Reporter may cover all cases in volume 21, Texas Appeals Reports.
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