Payne v. State
Court of Appeals of Texas
Appeal from the District Court of Fannin. Tried below before the Hon. D. H. Scott. The conviction in this case was for the burglary of the house of one J. M. Phillips, in Fannin county, Texas, on the twenty-seventh day of January, 1886. A term of two years in the penitentiary was the penalty assessed by the jury. J. M. Phillips was the first witness for the. State.
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Appeal from the District Court of Fannin. Tried below before the Hon. D. H. Scott. The conviction in this case was for the burglary of the house of one J. M. Phillips, in Fannin county, Texas, on the twenty-seventh day of January, 1886. A term of two years in the penitentiary was the penalty assessed by the jury. J. M. Phillips was the first witness for the. State. He testified that he lived in Fannin county, Texas, about ten miles south of Bonham, on the Bonham and Greenville road. No one lived with the witness but his son John. They occupied a log house about sixteen feet square, to which…
1Opinion of the Court
Hurt, Judge.
This is a conviction for burglary.
In answer to the first error assigned, it is sufficient to say that the court charged all the law of burglary, the indictment charging burglary in the day time. There was no exception reserved to the charge, and thé court applied the law to the case presented in the indictment, and by the evidence in another part of the charge. There being no error apparent, for this reason the judgment will not be reversed.
When found in possession of the goods (clothing), which was on the same day of the burglary-, the defendant stated that he had been working…
2Cited by3 opinions
- Reasoner v. StateCourt of Criminal Appeals of Texas · 1930
- Rowlett v. StateCourt of Criminal Appeals of Texas · 1915
- Colter v. StateCourt of Criminal Appeals of Texas · 1928