Legal Opinion

Reed v. State

Court of Criminal Appeals of Texas

Decided June 12, 1895No. 759PublishedCited by 4 opinions

Appeal from the District Court of Hopkins, Tried below before Hon. E., W. Terhune. This appeal is from a conviction for burglary, the punishment being assessed at two years’ imprisonment in the penitentiary. All the parties to this transaction, were, negroes. Amanda Isom testified, that she lived in a two-room frame house, which she rented, occupied, and had in possession. The rooms were separated by a partition with a door in it.

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Appeal from the District Court of Hopkins, Tried below before Hon. E., W. Terhune. This appeal is from a conviction for burglary, the punishment being assessed at two years’ imprisonment in the penitentiary. All the parties to this transaction, were, negroes. Amanda Isom testified, that she lived in a two-room frame house, which she rented, occupied, and had in possession. The rooms were separated by a partition with a door in it. Each room had a door and two windows leading to the outside. Lula Smith staid in one room, and she in the. other. On January 1st .Lula was not there, and when she,…

1Opinion of the Court

DAVIDSON, Judge.

This is a conviction for burglary, and two-years’ imprisonment in the penitentiary was the result of the trial in this cause in the court below.

The only bill of exceptions incorporated in the record can not be considered, because approved and filed after term time. Complaint is made of the charge, because the jury are told, that if the burglarized building was composed of two rooms, separated by a partition wall, and if the alleged owner lived in one room and had exclusive control, care, and management of said room, it would be her house so far as the prosecution for burglary…

2Cited by4 opinions

  1. Clark v. StateCourt of Criminal Appeals of Texas · 1940
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1905
  3. People v. MolinaSupreme Court of Puerto Rico · 1934
  4. Pueblo v. MolinaSupreme Court of Puerto Rico · 1934

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