Black v. State
Court of Appeals of Texas
Appeal from the District Court of Hunt. Tried below before the Hon. J. A. B. Patman. A term of eight years in the penitentiary was the penalty assessed against the appellant upon his conviction for the burglary of the dwelling-house of B. S. Hardin, in Hunt county, Texas, on the 9th day of December, 1884. Grade McFaddin was the first witness for the State. He testified that, in December, 1884, he lived in the house and with the family of B. S. Hardin, in Hunt county, Texas.
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Appeal from the District Court of Hunt. Tried below before the Hon. J. A. B. Patman. A term of eight years in the penitentiary was the penalty assessed against the appellant upon his conviction for the burglary of the dwelling-house of B. S. Hardin, in Hunt county, Texas, on the 9th day of December, 1884. Grade McFaddin was the first witness for the State. He testified that, in December, 1884, he lived in the house and with the family of B. S. Hardin, in Hunt county, Texas. On or about the night of the 9th of that month there was taken from the said house of B. S. Hardin, and from the…
1Opinion of the Court
White, Presiding Judge.
Appellant was indicted for a burglarious entry in the day-time into the house of one Hardin, with intent to steal the property therein of one McFaddin. The indictment sufficiently charges the offense. It was not essential that it should allege, further, that the entry was without the consent of the owner or any one authorized to give such consent. (State v. Williams, 41 Texas, 98; Buntain v. The State, 15 Texas Ct. App., 485.) All the statutory ingredients of the crime of theft were properly alleged, as should have been done. (Reed v. The State, 14 Texas Ct. App., 662.)…
2Cases cited4 opinions
- Phillips v. StateTexas Supreme Court · 1867
- State v. WilliamsTexas Supreme Court · 1874
- State v. GoldenSupreme Court of Iowa · 1878
- Shepherd v. StateTexas Supreme Court · 1874