Mixon v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for burglary, the punishment being assessed at two years’ imprisonment in the penitentiary. On the night of December 8th, 1894, it was charged that a store house in McKinney, Texas, belonging to M. Aron & Co., was burglarized, goods stolen therefrom, and that the house was set on fire, which was immediately afterwards extinguished by .parties who discovered it.
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This appeal is from a conviction for burglary, the punishment being assessed at two years’ imprisonment in the penitentiary. On the night of December 8th, 1894, it was charged that a store house in McKinney, Texas, belonging to M. Aron & Co., was burglarized, goods stolen therefrom, and that the house was set on fire, which was immediately afterwards extinguished by .parties who discovered it. The appellant and one Everett Hollander were jointly indicted for burglary, arson, and theft. On the motion of appellant a severance was had, and at the March term, 1895, of the District Court of Collin…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of burglary, and his punishment assessed at two years in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. Appellant made an application for continuance in this case on the ground of the absence of the following witnesses: E. C. Throckmorton, Will. •Bates, and Gretta Brettell—and also because of the absence from court .of M. H. Garnett, his leading counsel. The same question was presented in a motion for a new trial. The diligence, as shown by the-application, was as follows: “That each of said witnesses…
2Cited by8 opinions
- Lindsey v. StateSupreme Court of Florida · 1913
- Cortez v. StateCourt of Criminal Appeals of Texas · 1902
- Burkhalter v. StateCourt of Criminal Appeals of Texas · 1922
- King v. StateCourt of Criminal Appeals of Texas · 1912
- Woodward v. StateCourt of Criminal Appeals of Texas · 1910
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