Legal Opinion

Burke v. State

Court of Appeals of Texas

Decided July 1, 1878PublishedCited by 1 opinion

Appeal from the District Court of McLennan. Tried below before the Hon. L. C. Alexander. The testimony of the prosecutrix shows that the appellant, in the early morning of the day charged in the indictment, came to the window of the room in which witness was sleeping, broke out a pane of glass, and removed the stick which was placed above the lower sash to secure it, and placed it under the sash, having raised it, to keep it up.

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Appeal from the District Court of McLennan. Tried below before the Hon. L. C. Alexander. The testimony of the prosecutrix shows that the appellant, in the early morning of the day charged in the indictment, came to the window of the room in which witness was sleeping, broke out a pane of glass, and removed the stick which was placed above the lower sash to secure it, and placed it under the sash, having raised it, to keep it up. Witness screamed, asked appellant, “ Who are you, and what do you want?” to which appellant responded, “If you don’t hush I will kill youwhereupon witness screamed…

1Opinion of the CourtWhite, J.

Appellant was indicted, under article 724 of the Penal Code (Pasc. Dig., art. 2359; Glen. Laws Fifteenth Legislature, 231), for burglary, the breaking into the house having been accomplished with the intent to commit rape. The statute, as now amended, reads as follows : ‘1 The offence of burglary is constituted by entering a house by force, threats, or fraud, at night; or in like manner by entering a house during the day and remaining concealed therein until night, with the intent, in either case, of committing a felony or the crime of theft.” Acts Fifteenth Legislature, 231.

As stated in the…

2Cases cited1 opinion

  1. Franco v. StateTexas Supreme Court · 1874

3Cited by1 opinion

  1. Brown v. StateCourt of Criminal Appeals of Texas · 1923

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