Philbrick v. State
Court of Appeals of Texas
Appeal from the District Court of Cameron. Tried below before the Hon. E. Dougherty. The indictment charged the date of the burglary as of October 13, 1876, and alleged no value to the property intended to be stolen.
1Opinion of the CourtWhite, J.
The indictment in this case purports to charge the defendant with a burglary committed on the night of October 13, 1876.
At the date of the alleged commission of this offense the amendment to the Penal Code, approved August 28, 1876 (Gen. Laws Fifteenth Legislature, 231), had not gone into effect, the time at which it was to be of force, viz., ninety days after the adjournment of the legislature, not having elapsed. Consequently we must test the sufficiency of the indictment by reference to the provisions of Article 724 of the Penal Code (Pasc. Dig., Art. 2359) as they existed prior to this…
2Cases cited3 opinions
- State v. WilliamsTexas Supreme Court · 1874
- Portwood v. StateTexas Supreme Court · 1867
- Wilburn v. StateTexas Supreme Court · 1874