Legal Opinion

Bouldin v. State

Court of Appeals of Texas

Decided July 1, 1880Published

Appeal from t'he District Court of Travis. Tried below before the Hon. E. B. Turner. The opinion sufficiently indicates the character of the case. The punishment assessed by the jury was a term of five years in the penitentiary.

1Opinion of the CourtWhite, P. J.

The indictment, which was for burglary, charged that the offence was committed on the twentieth day of July, 1879. This was before the Revised Penal Code went into effect, to wit, on the twenty-fourth day of July, 1879. The house alleged to have been entered was a mill-house. *625Before the adoption of the new Code, the punishment for burglary, where the house entered was not a dwelling-house, was by confinement in the penitentiary “ not less than two nor more than five years.” Paso. Dig., art. 2366.

Under the new Code, the penalty for burglary of all kinds is imprisonment in the penitentiary “…

2Cases cited1 opinion

  1. Buford v. StateTexas Supreme Court · 1876

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