Legal Opinion

Handy v. State

Court of Criminal Appeals of Texas

Decided April 20, 1904No. 2737PublishedCited by 12 opinions

Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction of burglary; penalty, thirty years imprisonment in the penitentiary.

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Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction of burglary; penalty, thirty years imprisonment in the penitentiary. The State testimony showed that the private residence alleged to have been burglarized was forcibly entered during the temporary absence of its occupants; that two white jars of blackberries and other things had been stolen from the house, and that four black hens were missing from the hen roost of the party alleged to have been burglarized; that two jars of blackberries and the black chickens answering the description of…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of the burglary of a private residence at night, the punishment assessed being confinement in ' the penitentiary for a term of thirty years. The proof shows that J. T. Strong with his family resided in the house burglarized, and were actually using the same as their private residence. However, the proof shows that Strong and his family were absent on a visit at the time the house was burglarized; that no one was in the house at the time; that he and his family left the premises on Friday and did not return until Monday following; and that the house was…

2Cited by12 opinions

  1. Cooper v. StateCourt of Criminal Appeals of Texas · 1982
  2. Smith v. StateSupreme Court of Florida · 1920
  3. Kizer v. StateCourt of Criminal Appeals of Texas · 1966
  4. People v. BirtsMichigan Court of Appeals · 1969
  5. People v. LarsonMichigan Court of Appeals · 1969

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