Legal Opinion

Gusemano v. State

Court of Criminal Appeals of Texas

Decided March 12, 1913No. 2345PublishedCited by 2 opinions

On one of the nights early in May a railway ear in the possession of one Bush was broken open and considerable merchandise taken therefrom. The officers were notified of this burglary and by daylight the next morning they had traced a wagon from the place where the car was burglarized to the store of appellant. The goods stolen consisted largely of shoes wrapped with a peculiar kind of paper.

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On one of the nights early in May a railway ear in the possession of one Bush was broken open and considerable merchandise taken therefrom. The officers were notified of this burglary and by daylight the next morning they had traced a wagon from the place where the car was burglarized to the store of appellant. The goods stolen consisted largely of shoes wrapped with a peculiar kind of paper. These officers testified that they found some of this paper where the car had been burglarized and after tracing the wagon to appellant’s store they found some of the identical kind of paper in the back…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of the burglary of a railroad car. There was evidence of the fact that the car was broken and goods taken from it. The State introduced a negro named Parker, who made himself an accomplice,—that is a principal, in the transaction of breaking the car and taking the goods. Under his testimony the State would have a case, but being an accomplice and used as a witness, it was necessary that he be corroborated as required by the statute. As a means of corroboration of the negro, the State used an officer as a witness who testified in substance that…

2Cases cited5 opinions

  1. Morton v. StateCourt of Criminal Appeals of Texas · 1902
  2. Reese v. StateCourt of Criminal Appeals of Texas · 1902
  3. Cagle v. StateCourt of Criminal Appeals of Texas · 1907
  4. Pridemore v. StateCourt of Criminal Appeals of Texas · 1908
  5. Saye v. StateCourt of Criminal Appeals of Texas · 1908

3Cited by2 opinions

  1. Seebold v. StateCourt of Criminal Appeals of Texas · 1921
  2. Phillips v. StateCourt of Criminal Appeals of Texas · 1914

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