Denton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Collin. Tried below before Hon. J. E. Dillard. Appeal from a conviction of burglary; penalty, two years imprisonment in the penitentiary. The Assistant Attorney-General moved to strike out the statement of facts, because not legally filed in the court below; which motion, it will be seen, the court sustained and refused to consider said statement. The other questions involved on the appeal are fully illustrated in the opinion.
1Opinion of the Court
BROOKS, Judge.
Appellant was indicted for burglarizing the house of R. E. Bristol with intent to steal; the indictment containing a count for nighttime burglary, and one for 'daytime burglary. He was convicted, and his punishment assessed by the jury at two years confinement in the penitentiary. The statement of facts was filed after the adjournment of the term of court without a ten-day order being properly entered. The facts in relation thereto are made to appear by ex parte affidavits of appellants counsel, which state, in substance, the following: R. C. Merritt states that on the evening…
2Cases cited4 opinions
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Key v. StateCourt of Criminal Appeals of Texas · 1897
- Dement v. StateCourt of Criminal Appeals of Texas · 1898
- Blackshire v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by39 opinions
- Sanchez v. StateCourt of Criminal Appeals of Texas · 1986
- Harrell v. StateCourt of Criminal Appeals of Texas · 1994
- Fountain v. StateCourt of Criminal Appeals of Texas · 1921
- Wells v. StateCourt of Criminal Appeals of Texas · 1931
- Carmean v. StateCourt of Criminal Appeals of Texas · 1956
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