Alexander v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of San Jacinto. Tried below before Hon. L. B. Hightower. Appellant was indicted for a nighttime burglary. The indictment contained two counts, one charging that the burglarious entry was with intent to commit rape, and the other that it was made with intent to commit theft. At the trial he was found guilty, the verdict being a general one, and his punishment was assessed at eleven years in the penitentiary.
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Appeal from the District Court of San Jacinto. Tried below before Hon. L. B. Hightower. Appellant was indicted for a nighttime burglary. The indictment contained two counts, one charging that the burglarious entry was with intent to commit rape, and the other that it was made with intent to commit theft. At the trial he was found guilty, the verdict being a general one, and his punishment was assessed at eleven years in the penitentiary. Miss Mary Elmore (white), sworn, testified: Know the defendant, Jeffrey Alexander; he is that negro man, over there. (Points out the defendant.) Have known…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of burglary under an indictment charging the entry, by different counts, to have been made with intent to commit theft and rape.
1. The testimony discloses that defendant, at a late hour of the night, subsequent to the retirement of the family, entered the house by climbing in through an open window, elevated five feet or more from the ground, into the room where a young lady and younger sisters were sleeping. Ignorant of his presence in the room, the young lady arose, and lighted a lamp, heard a noise as if some one had fallen on the floor,' looked, and…
2Cases cited2 opinions
- Steadman v. StateSupreme Court of Georgia · 1888
- People v. SotoCalifornia Supreme Court · 1879
3Cited by44 opinions
- Aguilar v. StateCourt of Criminal Appeals of Texas · 1985
- LaPoint v. StateCourt of Criminal Appeals of Texas · 1988
- Mulder v. StateCourt of Criminal Appeals of Texas · 1986
- Browning v. StateCourt of Criminal Appeals of Texas · 1986
- State v. WoodruffSupreme Court of Iowa · 1929
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