Smith v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Freestone. Tried below before Hon. Rufus Hardy. ' Appellant, Dick Smith, and one Frank Yeldell were jointly indicted for burglary. A severance was had, and upon the selection of Yeldell as the one first to be tried, the District Attorney dismissed the prosecution as to him and placed defendant upon trial, the trial resulting in his conviction, with punishment assessed at imprisonment in the penitentiary for two years.
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Appeal from the District Court of Freestone. Tried below before Hon. Rufus Hardy. ' Appellant, Dick Smith, and one Frank Yeldell were jointly indicted for burglary. A severance was had, and upon the selection of Yeldell as the one first to be tried, the District Attorney dismissed the prosecution as to him and placed defendant upon trial, the trial resulting in his conviction, with punishment assessed at imprisonment in the penitentiary for two years. An outhouse of one Louis Garnett was burglarized and some cotton seed taken therefrom. Around the house were the foot tracks of two men, which…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of burglary, and his punishment assessed at two years’ confinement in the penitentiary; and from the judgment and sentence of the lower court he prosecutes this appeal. The State relied alone upon circumstantial evidence for a conviction, which, to our minds, was of a very unsatisfactory character. Upon this character of testimony the charge is as follows: “You are instructed that this is a case of circumstantial evidence, and, in order to warrant a conviction upon circumstantial evidence, each fact necessary to the conclusion sought to be established…
2Cited by22 opinions
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Worsham v. StateCourt of Criminal Appeals of Texas · 1909
- Jones v. StateCourt of Criminal Appeals of Texas · 1907
- Reeseman v. StateCourt of Criminal Appeals of Texas · 1910
- Parks v. StateCourt of Criminal Appeals of Texas · 1904
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