Loakman v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. G. H. Noonan. This prosecution was for burglary with intent to commit theft. At the trial appellant was convicted, his punishment being assessed at imprisonment for five years in the penitentiary. It will be seen from the case of Loakman v. The State, ante, page 561, that appellant was also indicted, tried, and convicted for the theft which he committed after he had burglariously entered the house.
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Appeal from the District Court of Bexar. Tried below before Hon. G. H. Noonan. This prosecution was for burglary with intent to commit theft. At the trial appellant was convicted, his punishment being assessed at imprisonment for five years in the penitentiary. It will be seen from the case of Loakman v. The State, ante, page 561, that appellant was also indicted, tried, and convicted for the theft which he committed after he had burglariously entered the house. When this burglary case was called for trial, defendant pleaded in bar of the prosecution his previous trial and conviction under…
1Opinion of the Court
DAVIDSON, Judge.
1. This conviction was for burglary. Defendant had previously been convicted of theft of the property taken from the house alleged to have been burglarized. Upon the call of this case, he interposed that conviction in bar of this prosecution. The court did not err in overruling the plea. Conviction for both offenses is expressly authorized by the statute. Penal Code, arts. 712, 713. We have a line of decisions in this State, beginning with Shepherd’s case, 42 Texas, 501, holding, with the common law, that where the indictment charges both burglary and theft, the theft would be…
2Cases cited1 opinion
- Shepherd v. StateTexas Supreme Court · 1874
3Cited by6 opinions
- Morales v. StateCourt of Criminal Appeals of Texas · 1967
- Allen v. StateCourt of Criminal Appeals of Texas · 1915
- Cooper v. StateCourt of Criminal Appeals of Texas · 1949
- Roman v. StateCourt of Criminal Appeals of Texas · 1911
- Shaffer v. StateCourt of Criminal Appeals of Texas · 1910
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