Linhart v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Parker. Tried below before Hon. J. W. PATTERSON. This appeal is from a judgment of conviction for burglary, the punishment assessed being two years’ confinement in the reformatory and house of correction, the jury having found appellant to be under 16 years of age. The indictment alleged the ownership and possession of the burglarized house to be in one A. H. Cleveland.
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Appeal from the District Court of Parker. Tried below before Hon. J. W. PATTERSON. This appeal is from a judgment of conviction for burglary, the punishment assessed being two years’ confinement in the reformatory and house of correction, the jury having found appellant to be under 16 years of age. The indictment alleged the ownership and possession of the burglarized house to be in one A. H. Cleveland. A. H. Cleveland testified: “I live in Parker County, Texas, and am acquainted with the defendant, Frank Linhart. Last October I owned and was in possession of a stock of goods, consisting of…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of burglary, and sent to the reformatory. He sought to continue the case for Pete Cook, Grigsby, and Jackson. Cook was indicted for the same offense, and therefore was not a competent witness. Grigsby, the court says, was then in the reformatory, as he was reliably informed, under a felony conviction. Viewed in the light of the evidence adduced on the trial, the alleged testimony of Jackson is not probably true. By him he expected to prove, that during a conversation had with the witness, appellant ascertained, just prior to the burglary, that Pete Cook…
2Cases cited3 opinions
- Ross v. MorrowTexas Supreme Court · 1892
- Wells v. WellsIndiana Supreme Court · 1855
- Hamlin v. StevensonCourt of Appeals of Kentucky · 1836
3Cited by19 opinions
- State v. BrownSupreme Court of Missouri · 1969
- Frost v. State ex rel. ClementsSupreme Court of Alabama · 1907
- Simmons v. StateCourt of Criminal Appeals of Texas · 1906
- Dallas County v. ReynoldsCourt of Appeals of Texas · 1917
- Lamater v. StateCourt of Criminal Appeals of Texas · 1897
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