Turner v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The conviction in this case was for the burglary of the house of Adam and Mattie Watson, with intent to commit rape upon the person of the said Mattie Watson. The penalty assessed against the appellant was a term of eight years in the penitentiary. Mattie Watson was the first witness for the State.
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Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The conviction in this case was for the burglary of the house of Adam and Mattie Watson, with intent to commit rape upon the person of the said Mattie Watson. The penalty assessed against the appellant was a term of eight years in the penitentiary. Mattie Watson was the first witness for the State. She testified, in substance, that she was the wife of Adam Watson, and lived with him in his house, in Smith county, Texas, in July, 1887. There were three doors to the room occupied by the witness and her husband,…
1Opinion of the Court
Willson, Judge.
As presented to us in the record, the evidence does not support the conviction. Defendant had been in the habit, prior to the alleged burglary, of sleeping in one room of the house with his brother-in-law, who occupied,said room, *16who had authority to, and did permit him to enter said room and sleep therein on several occasions prior to the alleged burglary. In fact, at the time of the alleged burglary, the defendant was living with his said brother-in-law at said house, they occupying one room of said house, while Adam Watson and wife occupied another room in said house. An…
2Cited by5 opinions
- Baldwin v. StateCourt of Criminal Appeals of Texas · 1949
- Brown v. StateCourt of Criminal Appeals of Texas · 1923
- Smith v. StateCourt of Criminal Appeals of Texas · 1970
- Denison v. StateCourt of Criminal Appeals of Texas · 1983
- Denison v. StateCourt of Criminal Appeals of Texas · 1983