Legal Opinion

Powers v. State

Court of Criminal Appeals of Texas

Decided December 23, 1913No. 2864PublishedCited by 6 opinions

Appeal from the Criminal District Court of Dallas. Tried below before the Hon. W. L. Crawford. Appeal from a conviction of burglary; penalty, five years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

PRENDERGAST, Presiding Judge.

Appellant appeals from a conviction for burglary with the lowest penalty affixed.

Appellant raises but two questions in the case. First, he claims the evidence is insufficient to support a conviction. Second, that there is a fatal variance between the allegations and proof of the ownership and possession of the burglarized house.

The uncontradicted evidence clearly establishes that on the night of March 4, 1913, a storehouse was burglarized by breaking into one of the windows and at the time certain property was stolen therefrom. Among other articles then stolen…

2Cases cited11 opinions

  1. Favro v. StateCourt of Criminal Appeals of Texas · 1898
  2. Ex Parte PattersonCourt of Criminal Appeals of Texas · 1900
  3. Barfield v. StateCourt of Criminal Appeals of Texas · 1898
  4. Coates v. StateCourt of Criminal Appeals of Texas · 1892
  5. Duncan v. StateCourt of Criminal Appeals of Texas · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Gray v. State, Texas Court of Appeals, 13th District1982
  2. Houghton and Jones v. StateCourt of Criminal Appeals of Texas · 1930
  3. Rowlett v. StateCourt of Criminal Appeals of Texas · 1915
  4. Birmingham v. StateCourt of Criminal Appeals of Texas · 1933
  5. Blackburn v. StateCourt of Criminal Appeals of Texas · 1915

1 more not listed; retrieve them via the Exa API.

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