Bigham v. State
Court of Criminal Appeals of Texas
This appeal is from a judgment of conviction for burglary, wherein the punishment was assessed at three years in the penitentiary.
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This appeal is from a judgment of conviction for burglary, wherein the punishment was assessed at three years in the penitentiary. The charging part of the indictment is as follows: “ That Charles C. Bigham, on or about the third day of September, 1890, did then and there, unlawfully, and in the daytime, in the county and State aforesaid, by force and fraud, break and enter the sheriff’s office, in said county of Young, State of Texas, and did then and there, by force and fraud, enter a certain vault situated in said sheriff’s office, then and there occupied by and in the possession of and…
1Opinion of the Court
SIMKINS, Judge.
Defendant was indicted for burglary with intent to commit theft, and sentenced to three years in the penitentiary, from which he appeals.
The defendant moves in arrest of judgment on the ground that the indictment charges no offense known to the laws of Texas. The indictment charges that the defendant did break and enter into the sheriff’s office, with force and fraud, and did then and there, by force and fraud, break and enter a certain vault, situated in said sheriff’s office, then in the possession and control of the said sheriff, etc. The specific objection was that the…
2Cases cited3 opinions
- United States v. BachelderU.S. Circuit Court for the District of New Hampshire · 1814
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1832
- State v. LangeTexas Supreme Court · 1858
3Cited by9 opinions
- Malazzo v. StateCourt of Criminal Appeals of Texas · 1957
- Robinson v. StateCourt of Criminal Appeals of Texas · 1912
- Williamson v. StateCourt of Criminal Appeals of Texas · 1898
- Stoddard v. StateCourt of Criminal Appeals of Texas · 1932
- Williams v. StateCourt of Criminal Appeals of Texas · 1914
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