Wheelock v. State
Texas Supreme Court
Appeal from Robertson. Indictment for playing cards “ at “ a certain outhouse to which people then and there resorted, “ said outhouse being then and there a public place.”
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Appeal from Robertson. Indictment for playing cards “ at “ a certain outhouse to which people then and there resorted, “ said outhouse being then and there a public place.” The testimony was that witness saw defendant in September, 1854, playing cards for money, in an unoccupied dwelling house, situated in a secluded part of the town of Wheelock ; some six persons were present; this was the only time that witness knew of card playing in that house; witness never was there before; went to see W. H. Wheelock. Besides the five persons in the game, witness could not say but that another game was…
1Opinion of the CourtWheeler, J.
In the law of burglary, an “ out house is construed to be a part of the dwelling house or mansion, if it be so near the dwelling house, that it is used with it, as appurtenant thereto, though not within the same inclosure ; and hence it is defined to be a small house or building belonging to a mansion or dwelling house, and usually standing separate from or without it, and a small distance from it. (Whart. Am. Cr. L. tit. “Burglary,” Bur. L. D. same title.) This was the construction or definition adopted, in order to bring the breaking and entering of such outhouses within the definition and…
2Cited by8 opinions
- Lowrie v. StateTexas Supreme Court · 1875
- Sisk v. StateCourt of Appeals of Texas · 1890
- Carr v. StateCourt of Appeals of Texas · 1878
- Lindsay v. StateCourt of Appeals of Texas · 1877
- Kincaid v. JonesTexas Commission of Appeals · 1881
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