Daggett v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary. The indictment alleged the ownership of the burglarized house, and of the property stolen therefrom, to be in John P. Daggett. The house burglarized was a chicken house, and the property taken therefrom was four turkeys and eight fine bred langshan chickens.
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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary. The indictment alleged the ownership of the burglarized house, and of the property stolen therefrom, to be in John P. Daggett. The house burglarized was a chicken house, and the property taken therefrom was four turkeys and eight fine bred langshan chickens. The chicken house was situated upon a ranch owned by Daggett, but was some seven or eight miles from his place of residence, and was entirely separate and distinct…
1Opinion of the Court
Appellant was convicted of burglary, and his punishment assessed at two years confinement in the penitentiary, and he prosecutes this appeal.
Appellant claims that there is a variance between the allegations of the indictment and the proof as to the ownership of the alleged burglarized house. The proof shows that the house entered was a chicken house, situated on the ranch of John Daggett, about seven or eight miles from his residence; that Ed Jahn was employed by him at a salary of $18 per month; that, among other things he was employed to look after, were a number of fowls, consisting of…
2Cited by9 opinions
- Wilson v. StateCourt of Criminal Appeals of Texas · 1971
- Wilson v. StateCourt of Criminal Appeals of Texas · 1926
- Ricks v. StateCourt of Criminal Appeals of Texas · 1900
- Burges v. StateCourt of Criminal Appeals of Texas · 1930
- Duke v. StateCourt of Criminal Appeals of Texas · 1900
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