Coleman v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. M. H. Bonner. The case is stated in the opinion of the court. The extract from the indictment embodied in the third head-note omits the phrase held to be surplusage.
1Opinion of the CourtEctor, P. J.
The defendant was indicted, tried, and convicted in the district court of Smith county, for burglary, and the penalty assessed at two years and a-half in the penitentiary.
The charging part of the indictment is as follows : ‘ ‘ That Henry Coleman, alias Henry Black, late of the county of Smith, on the 25th day of September, in the year of our Lord one thousand eight hundred and seventy-six, in the night-time, and about the hour of nine o’clock at night of the day last above named, with force and arms, in the county of Smith and state of Texas, did then and there fraudulently, feloniously,…
2Cited by2 opinions
- Hall v. StateNebraska Supreme Court · 1894
- Brown v. StateCourt of Criminal Appeals of Texas · 1923