Hart v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appeal from a conviction of burglary in the night-time; penalty, two years imprisonment in the penitentiary. The State proved by defendant’s accomplice that they had broken into the store of prosecuting witness, about midnight and taken from it a number of articles of merchandise, such as tobacco, cologne, cartridges, soap, handkerchiefs, talcum powder, etc.
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Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appeal from a conviction of burglary in the night-time; penalty, two years imprisonment in the penitentiary. The State proved by defendant’s accomplice that they had broken into the store of prosecuting witness, about midnight and taken from it a number of articles of merchandise, such as tobacco, cologne, cartridges, soap, handkerchiefs, talcum powder, etc. That they hid some of these articles under a church, and took some home. The defendant and his accomplice were seen together after the burglary with…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of burglary in the night-time, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
Appellant excepted to the following portion of the court’s charge: “You are instructed that, if you believe from the evidence in this case, that the property alleged to have been stolen, was so stolen, and recently thereafter was found in the possession of the defendant, and that the defendant when thus found in the possession of the same, gave an explanation of his said possession, which appears reasonable and…
2Cases cited4 opinions
- Wheeler v. StateCourt of Criminal Appeals of Texas · 1895
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Hayes v. StateCourt of Criminal Appeals of Texas · 1896
- James v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by14 opinions
- Crenshaw v. StateCourt of Criminal Appeals of Texas · 1905
- Grant v. StateCourt of Criminal Appeals of Texas · 1910
- Wadkins v. StateCourt of Criminal Appeals of Texas · 1910
- Thurmond v. StateCourt of Criminal Appeals of Texas · 1906
- Barton v. StateCourt of Criminal Appeals of Texas · 1905
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