State v. Robertson
Texas Supreme Court
Appeal from Smith. The indictment charged that “ John Robertson, late of the county of Smith, on the twenty-ninth day of March, in the year of our Lord one thousand eight hundred and sixty-eight, in the said county of Smith, with force and arms did feloniously break and enter the dwelling house of Frank Robertson, the said Frank Robertson then and there occupying and living in said house as a dwelling house.
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Appeal from Smith. The indictment charged that “ John Robertson, late of the county of Smith, on the twenty-ninth day of March, in the year of our Lord one thousand eight hundred and sixty-eight, in the said county of Smith, with force and arms did feloniously break and enter the dwelling house of Frank Robertson, the said Frank Robertson then and there occupying and living in said house as a dwelling house. The said John Robertson did enter the said dwelling house of the said Frank Robertson with intent to fraudulently take and carry away a gun, of the value of five dollars, two pahs of…
1Opinion of the CourtLindsay, J.
We think the indictment in this case, though most inartistically drawn, was sufficient, under our Criminal Code, to have put the defendant upon his trial. Burglary, as therein defined, maybe committed by methods unknown to the common law, and is subject to degrees of punishment as varying as those methods of commission. First, it is defined to be “ entering a house by force, threats, or fraud, at night; or in like manner, by entering a house during the day, and remaining concealed therein until night, with the intent, in. either case, of committing a felony.” Second, “ he is guilty of…
2Cited by11 opinions
- DeVaughn v. StateCourt of Criminal Appeals of Texas · 1988
- Gardner v. StateCourt of Criminal Appeals of Texas · 1985
- Tew v. StateCourt of Criminal Appeals of Texas · 1977
- Sample v. State, Texas Court of Appeals, 5th District (Dallas)1981
- Conoly v. StateCourt of Appeals of Texas · 1877
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