Ross v. State
Court of Appeals of Texas
Appeal from the District Court of Walker. Tried below before the Hon. J. R. Konnard. The conviction in this case was for the burglary of the house of J. L. Smith, with the intent to commit theft. A term of two years in the penitentiary was the penalty imposed. J. L. Smith was the first witness for the State. He identified the defendant on trial as Edgar Ross, the party charged in the indictment.
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Appeal from the District Court of Walker. Tried below before the Hon. J. R. Konnard. The conviction in this case was for the burglary of the house of J. L. Smith, with the intent to commit theft. A term of two years in the penitentiary was the penalty imposed. J. L. Smith was the first witness for the State. He identified the defendant on trial as Edgar Ross, the party charged in the indictment. About two years prior to this trial, the witness was operating a steam grist mill at his mill property in the town of Huntsville, and at the same time a kind of junk business, buying old scraps of…
1Opinion of the Court
White, Presiding Judge.
This appeal is from a conviction for burglary. Two grounds were submitted in the motion to quash the indictment: 1. Because the indictment does not allege that the house charged to have been entered was in the county of Walker. 2. It does not allege that the goods and I chattels intended to be stolen (after entry) were in the house al- J leged to have been entered, nor to whom said goods and chattels ' belonged. ¡
The indictment filed in said cause is as follows: “ In the name, and by the authority of the State of Texas of Texas; the grand . jurors in and for Walker…
2Cases cited2 opinions
- Garcia v. StateTexas Supreme Court · 1862
- Galloway v. StateTexas Supreme Court · 1874