Legal Opinion

Hurley v. State

Court of Criminal Appeals of Texas

Decided December 18, 1895No. 1277PublishedCited by 6 opinions

Appeal from the District Court "of McLennan. Tried below before-Hon. S. R. Scott. This appeal is from a conviction for burglary, the punishment assessed being twelve years’ imprisonment in the penitentiary. The indictment alleged that the burglarized house was occupied by B. Haber, and that he was the owner of the goods taken.

Read the full summary

Appeal from the District Court "of McLennan. Tried below before-Hon. S. R. Scott. This appeal is from a conviction for burglary, the punishment assessed being twelve years’ imprisonment in the penitentiary. The indictment alleged that the burglarized house was occupied by B. Haber, and that he was the owner of the goods taken. Haber testified that the house was a store house and in his possession and occupancy as such; and that the same and the goods therein were in his exclusive care, custody, management and control. “Mr. Sanger, of Dallas, was, in fact, the true owner of the goods in the…

1Opinion of the Court

DAVIDSON, Judge.

This conviction was for burglary. The certiorari prayed for will be refused. Admit the entry on the minutes of the court is informal, it will not vitiate this judgment. The judge did approve said minutes for the term, and that is sufficient. A failure of the judge to approve and sign the minutes of his court will not invalidate a judgment entered during that term. The court did not err in permitting a witness to testify in the case, because he was then under conviction of a felony, it being shown that he had not been sentenced at the time he so testified. This question has…

2Cited by6 opinions

  1. McGowen v. StateCourt of Criminal Appeals of Texas · 1956
  2. Marshall v. StateCourt of Criminal Appeals of Texas · 1915
  3. Cate v. StateCourt of Criminal Appeals of Texas · 1925
  4. Moye v. StateCourt of Criminal Appeals of Texas · 1949
  5. Epps v. StateCourt of Criminal Appeals of Texas · 1936

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

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

Powered by the Exa API