Dinklage v. State

Graves, Judge.

The appellant was indicted by a grand jury of Comanche County for the crime of accomplice to burglary with intent to commit theft, in that he, not being present, advised, commanded and encouraged Benton Layman to commit the offense of burglary and theft. Upon his trial he was convicted by the jury and given a punishment of two years in the penitentiary.

In a motion to quash the indictment, and abate such prosecution, attorneys for appellant alleged that it was made to affirmatively appear that the charges and offenses alleged therein as having been committed by the appellant had…