Legal Opinion

Wilson v. State

Court of Appeals of Texas

Decided May 20, 1885No. 3255Published

Appeal from the District Court of Comanche. Tried below before the Hon. W. A. Blackburn. The conviction in this case was for the burglar)?- of the blacksmith • shop of J. N. Broughton, in Comanche county, Texas, on the 27th day of November, 1883. A term of five years in the penitentiary was the punishment imposed. J. N. Broughton was the first witness for the State.

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Appeal from the District Court of Comanche. Tried below before the Hon. W. A. Blackburn. The conviction in this case was for the burglar)?- of the blacksmith • shop of J. N. Broughton, in Comanche county, Texas, on the 27th day of November, 1883. A term of five years in the penitentiary was the punishment imposed. J. N. Broughton was the first witness for the State. He testified that he lived in the town of De Leon in Comanche county, Texas, and was the proprietor of a blacksmith shop situated in that town. Witness left his shop late on the evening of November 27, 1883, having securely locked…

1Opinion of the Court

White, Presiding Judge.

On the motion for a new trial it was urg ently insisted that the verdict was contrary to the evidence. To illustrate this position a brief summary of the facts is necessary. . Defendant was indicted for a burglarious breaking, in the nighttime, of the blacksmith shop of one Broughton, with the fraudulent intent to steal certain corporeal personal property contained in said house, belonging to the said Broughton. It was shown by the evidence that the door of the blacksmith shop had been broken, and that the burglar after entry had broken open a chest in the shop and…

2Cases cited6 opinions

  1. State v. ShermerSupreme Court of Missouri · 1874
  2. Blackburn v. StateTexas Supreme Court · 1876
  3. Hart v. StateIndiana Supreme Court · 1877
  4. State v. . ScottSupreme Court of North Carolina · 1870
  5. Phelps v. PeopleIllinois Supreme Court · 1870

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