Dill v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Parker. Tried below before Hon. J. W. Patterson. This appeal is from a conviction for conspiracy to commit burglary, the punishment assessed being two years’ imprisonment in the penitentiary. The indictment contained two counts, one for burglary, and one for conspiracy to commit burglary. The house burglarized was the storehouse of one R. J. Waters.
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Appeal from the District Court of Parker. Tried below before Hon. J. W. Patterson. This appeal is from a conviction for conspiracy to commit burglary, the punishment assessed being two years’ imprisonment in the penitentiary. The indictment contained two counts, one for burglary, and one for conspiracy to commit burglary. The house burglarized was the storehouse of one R. J. Waters. On the next day, after the burglary, the defendant and his brother, Dan Dill, were both arrested for the crime. When Dan Dill was arrested, he was searched, and some peculiar coins, which had been taken from the…
1Opinion of the Court
HURT, Presiding Judge.
The indictment in this case contains two counts; the first for burglary, the second for conspiracy to commit the same burglary. Appellant was convicted for the conspiracy. After the State had closed its evidence, counsel for appellant moved the court to compel the District Attorney to elect upon which count the State would prosecute. This motion was denied, and appellant excepted, reserving a bill. The evidence disclosed that the conspiracy or agreement was to commit the burglary charged in the first count. Now, while it is true that the offense called “conspiracy” was…
2Cited by24 opinions
- Fortune v. StateCourt of Criminal Appeals of Texas · 1988
- Holcomb v. StateCourt of Criminal Appeals of Texas · 1988
- Goode v. StateCourt of Criminal Appeals of Texas · 1909
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- United States v. HowardUnited States Court of Military Appeals · 1954
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