McAfee v. State
Texas Court of Appeals
658 S.W.2d 200 (1983)
- Written by Kelli Lanski, JD
Facts
Clifton McAfee (defendant) was charged and convicted of burglary and sentenced to life in prison as a habitual offender under Texas law. The abstract section of the indictment alleged that McAfee intentionally and knowingly entered a building not open to the public without consent and with the intent to commit theft. The application paragraph repeated the charge but did not include the words intentionally and knowingly, stating only that McAfee had the intent to commit the offense of theft. Texas’s burglary statute did not include the words intentionally or knowingly, instead criminalizing the unauthorized entrance to private property with intent to commit a theft. McAfee argued on appeal that the state erred by failing to include intentionally and knowingly in the application paragraph of the indictment.
Rule of Law
Issue
Holding and Reasoning (Schulte, J.)
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