Legal Opinion

Allen v. State

Court of Criminal Appeals of Texas

Decided June 14, 1911No. 1252PublishedCited by 5 opinions

The owner of the house alleged to have been burglarized testified that he left the house closed, and when he returned found that a sack of flour, a coat, a bridle, a shotgun and five midlings of meat had been taken from his house and smoke house; that his house was fastened with bolts, etc.; that the next day he and another State’s witness saw the defendant’s accomplice and a man they took to be defendant put something in a wagon and drive off with it.

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The owner of the house alleged to have been burglarized testified that he left the house closed, and when he returned found that a sack of flour, a coat, a bridle, a shotgun and five midlings of meat had been taken from his house and smoke house; that his house was fastened with bolts, etc.; that the next day he and another State’s witness saw the defendant’s accomplice and a man they took to be defendant put something in a wagon and drive off with it. Accomplice testified that he was indicted with the defendant for the burglary and promised immunity from prosecution; that he and the…

1Opinion of the Court

HARPER, Judge.

Appellant was convicted in the District Court of Bed Biver County under an indictment charging him with burglary, and his punishment was assessed at confinement in the penitentiary for a term of two years.

The indictment in this case was presented and filed in the District Court of Bed Biver County on the 3d day of December, 1903. On December 7, 1903, appellant not being under arrest, to avoid keeping the case on the court’s trial docket, the district attorney thought it proper practice to request the trial judge to permit the clerk to place this indictment among papers, not to…

2Cases cited2 opinions

  1. Blain v. StateCourt of Criminal Appeals of Texas · 1895
  2. Moore v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by5 opinions

  1. Mueller v. StateCourt of Criminal Appeals of Texas · 1931
  2. Fernandez v. StateCourt of Criminal Appeals of Texas · 1938
  3. Clayton v. StateCourt of Criminal Appeals of Texas · 1917
  4. Grundy v. StateCourt of Criminal Appeals of Texas · 1930
  5. Haltom v. StateCourt of Criminal Appeals of Texas · 1926

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