Spencer v. State
Court of Criminal Appeals of Texas
The State’s testimony substantially showed that the alleged burglary occurred on Saturday night, April 17, 1909, in the city of Terrell; that the doors of the store were forced and the glass in them broken out, and that some one had entered the store and disarranged things therein; that a lot of goods were taken from the store which were afterwards recovered in a trunk and identified; that defendant and his co-defendant were seen together on said Saturday evening leaving…
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The State’s testimony substantially showed that the alleged burglary occurred on Saturday night, April 17, 1909, in the city of Terrell; that the doors of the store were forced and the glass in them broken out, and that some one had entered the store and disarranged things therein; that a lot of goods were taken from the store which were afterwards recovered in a trunk and identified; that defendant and his co-defendant were seen together on said Saturday evening leaving Dallas for Terrell on an evening train; that defendant’s codefendant was seen in said store early on said Saturday night…
1Opinion of the Court
HARPER, Judge.
—In this case appellant was charged with burglary, tried and convicted in the District Court of Kaufman County, Texas.
1. In appellant’s first assignment complaint is made that the circumstances did not with the certainty required by law connect the appellant with the alleged burglary. The court, in the ninth paragraph of his charge, gave a very full, complete and satisfactory charge on circumstantial evidence, and the jury finds against appellant’s contention, and from a careful reading of the statement of facts, we think, properly so.
2. By bill of exception Ho. 2 appellant…
2Cases cited7 opinions
- McGlasson v. StateCourt of Criminal Appeals of Texas · 1897
- Baldwin v. StateCourt of Criminal Appeals of Texas · 1893
- Wilkerson v. StateCourt of Criminal Appeals of Texas · 1892
- Bennett v. StateCourt of Criminal Appeals of Texas · 1893
- McCoy v. StateTexas Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ortiz v. StateCourt of Criminal Appeals of Texas · 1912
- Smith v. StateCourt of Criminal Appeals of Texas · 1921
- Messimer v. StateCourt of Criminal Appeals of Texas · 1920
- Rowlett v. StateCourt of Criminal Appeals of Texas · 1915
- Roper v. StateCourt of Criminal Appeals of Texas · 1930
1 more not listed; retrieve them via the Exa API.