Herndon v. State
Court of Criminal Appeals of Texas
The testimony for the State showed that the attention of some of the State’s witnesses was directed to the alleged burglarized store early in the night at the time of the burglary, and that they noticed from a toilet room in the hotel, near the scene of the crime, a person walking up and down the alley alongside of said store dressed in a light overcoat and black hat, who said at the time, “The road or street is clear”; that he walked towards the end of the alley about three…
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The testimony for the State showed that the attention of some of the State’s witnesses was directed to the alleged burglarized store early in the night at the time of the burglary, and that they noticed from a toilet room in the hotel, near the scene of the crime, a person walking up and down the alley alongside of said store dressed in a light overcoat and black hat, who said at the time, “The road or street is clear”; that he walked towards the end of the alley about three minutes afterwards, saying, “He’s gone, when I get to the end of the alley come out”; that shortly after this, and…
1Opinion of the Court
BROOKS, Judge.
The appellant was convicted of burglary, the punishment assessed being two years confinement in the penitentiary. It is a companion case to Wre Barnett this day delivered.
Appellant was charged with burglarizing the house of R. E. Carpenter. The court gave the jury the following, among .other charges: “If you believe from the evidence beyond a reasonable doubt that the house of Gabe Lucas was burglariously entered on or about the 16th of March, 1906, in the city of McKinney, and certain articles of personal property stolen therefrom, and you further believe from the evidence…
2Cases cited3 opinions
- Hill v. StateCourt of Criminal Appeals of Texas · 1903
- Bink v. StateCourt of Criminal Appeals of Texas · 1905
- Davenport v. StateCourt of Criminal Appeals of Texas · 1905
3Cited by7 opinions
- Pace v. StateCourt of Criminal Appeals of Texas · 1910
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
- Lancaster v. StateCourt of Criminal Appeals of Texas · 1918
- Saldiver v. StateCourt of Criminal Appeals of Texas · 1909
- Love and McDonald v. StateCourt of Criminal Appeals of Texas · 1909
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