Wilcox v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. This appeal is from a conviction for burglary, the punishment being assessed at nine years’ imprisonment in the penitentiary.
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Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. This appeal is from a conviction for burglary, the punishment being assessed at nine years’ imprisonment in the penitentiary. The indictment, which alleged that defendant’s given name was unknown, charged appellant with burglarizing the storehouse of R. N. Warren, in Burleson, Johnson County, on the night of the 25th of November, 1893. It was proved that defendant was seen at the depot at Burleson on that day, in company with one Bishop. Amongst other property taken from the store, was a pair of shoes and a pair of…
1Opinion of the CourtHenderson, Judge
Appellant was convicted of a burglary, and his punishment assessed at nine years in the penitentiary, and from the judgment of the lower court he prosecutes this appeal. The only question necessary to be considered by us is that raised by motion in arrest of judgment. The indictment charges “that Wilcox, whose given name is to the grand jury unknown,” committed the offense, etc. Appellant insists: First, that this is not a sufficient allegation of the name of the accused, under our statutes and decisions; and, second, that under such allegation it was incumbent on the State to prove that the…
2Cases cited1 opinion
- State v. VandeveerTexas Supreme Court · 1858
3Cited by2 opinions
- Lincoln v. StateCourt of Criminal Appeals of Texas · 1974
- Jones v. StateCourt of Criminal Appeals of Texas · 1974