Mitchell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Comanche. Tried below before the Hon. N. E. Lindsey. Appeal from a conviction of burglary, framed so as to secure accumulated punishment; penalty, two years imprisonment in the penitentiary. The opinion states the case.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of burglary, .the indictment being framed so as to secure the accumulated punishment under article 1015 Penal Code. The jury assessed in accordance with the terms of said article the highest punishment for the offense charged in the indictment. The evidence discloses, as the indictment charges, a burglary of a storehouse belonging to a corporation known as Higginbotham Bros. & Company. The burglary occurred at night.
Error is assigned on the refusal of a continuance. George Barton was the alleged absent witness, and the statement is made that…
2Cited by17 opinions
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Silver v. StateCourt of Criminal Appeals of Texas · 1928
- Fuller v. StateCourt of Criminal Appeals of Texas · 1968
- Smith v. StateCourt of Criminal Appeals of Texas · 1949
- Pruett, Jr. v. StateCourt of Criminal Appeals of Texas · 1929
12 more not listed; retrieve them via the Exa API.