Johnson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wilbarger. Tried below before Hon. G. A. Brown. Appeal from a conviction of burglary; penalty, two j’ears imprisonment in the penitentiary. The indictment charged George Johnson, Charlie Boss, and Horace Jones with the burglary of the private residence of O. A. Swinburne. They were jointly tried and jointly convicted. There is no statement of facts and no bill of exceptions in the record.
1Opinion
DAVIDSON, Presiding Judge.
I dissent from the opinion of the majority, and believe the judgment should be reversed, though the charge was not excepted to in the court below in any manner,' and the error was presented for the first time on appeal. The charge given is on the weight of the evidence, and snch as has frequently been condemned by this court and reversals awarded on account of the error. Penal Code, art. 715; Wheeler v. State, 34 Texas Crim. Rep., 350; Pollard v. State, 33 Texas Crim. Rep., 197, 202; Hayes v. State, 36 Texas Crim. Rep., 146; McCarty v. State, 36 Texas Crim. Rep.,…
2Cases cited13 opinions
- Houston v. WilliamsCalifornia Supreme Court · 1859
- Wheeler v. StateCourt of Criminal Appeals of Texas · 1895
- Hewitt v. StateTexas Supreme Court · 1860
- Kirk v. StateCourt of Criminal Appeals of Texas · 1895
- Pollard v. StateCourt of Criminal Appeals of Texas · 1894
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