Conners v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Dallas. Tried below before Hon. R. E. Burke. Appellant was indicted for burglary with intent to commit theft, by entering, in the nighttime, the store house of one C. W. Faut, by force, and fraudulently taking therefrom two cases of tobacco of the value of $5 each, and 700 cigars, to the value of S3.50 per hundred, same being the property of Faut, and taken from his possession, and without his consent.
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Appeal from the District Court of Dallas. Tried below before Hon. R. E. Burke. Appellant was indicted for burglary with intent to commit theft, by entering, in the nighttime, the store house of one C. W. Faut, by force, and fraudulently taking therefrom two cases of tobacco of the value of $5 each, and 700 cigars, to the value of S3.50 per hundred, same being the property of Faut, and taken from his possession, and without his consent. At his trial he was convicted of theft, and given two years in the penitentiary. The testimony for the defense was that he was drunk, and about 1 o’clock at…
1Opinion of the Court
DAVIDSON, Judge.
Appellant, under an indictment charging burglary and theft, was convicted of theft, and his punishment assessed at a term of two years in the penitentiary. The occupancy of the house and ownership of the stolen property were alleged and proved to be in C. W. Faut, without contradiction.
About the hour of 2 o’clock, at night, the defendant was found a short distance from the burglarized house, in possession of the stolen property. He was arrested; his confederate succeeded in escaping. To the officers arresting him he stated, that he was met by a stranger, and induced, under…
2Cited by2 opinions
- Mathews v. StateCourt of Criminal Appeals of Texas · 1893
- Hawthorn v. StateCourt of Criminal Appeals of Texas · 1911