Legal Opinion

Duke v. State

Court of Criminal Appeals of Texas

Decided May 2, 1900No. 1918PublishedCited by 4 opinions

Appeal from the District Court of Archer. Tried below before Hon. A. H. Carrigan. Appeal from a conviction of burglary; penalty, three years imprisonment in the penitentiary. The case is sufficiently stated in the opinion.

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of three years.

Appellant insists that the court erred in refusing to instruct the jury in his charge that, if they should find and believe from the testimony that the door of the granary was open, and defendant made the entry through the open door, or if they had a reasonable doubt of said facts, they should acquit. The indictment charges that defendant “did then and there unlawfully, by force, threats, and fraud, break and enter the house there situated and owned by…

2Cases cited2 opinions

  1. Sparks v. StateCourt of Criminal Appeals of Texas · 1895
  2. Daggett v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by4 opinions

  1. Gibson v. CommonwealthCourt of Appeals of Kentucky · 1924
  2. Swain v. StateCourt of Criminal Appeals of Texas · 1979
  3. Malley v. StateCourt of Criminal Appeals of Texas · 1910
  4. Newman v. StateCourt of Criminal Appeals of Texas · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API