Peters v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hunt. Tried below before Hon. E. W. TerhuNE. The indictment charged that defendant Peters did by force, threats, and fraud, at night, break and enter a house occupied by R. D. Campbell and N. B. Eiland, with intent to commit the crime of theft. At his trial he was convicted of burglary, and his punishment assessed at two years’ imprisonment in the penitentiary.
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Appeal from the District Court of Hunt. Tried below before Hon. E. W. TerhuNE. The indictment charged that defendant Peters did by force, threats, and fraud, at night, break and enter a house occupied by R. D. Campbell and N. B. Eiland, with intent to commit the crime of theft. At his trial he was convicted of burglary, and his punishment assessed at two years’ imprisonment in the penitentiary. The evidence is that defendant, about 12 or 1 o’clock at night, opened an oat bin in a livery stable which belonged to Campbell and Eiland, and took a bushel of oats, the property of said parties, from…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of burglary, and bis punishment assessed at two years in tbe penitentiary.
Appellant resided in a livery stable. Adjoining bis room, and within tbe same building, was an oat bin, tbe entrance to wbicb was a small door, wbicb was raised by any person getting oats. It was unlocked. The bin contained oats belonging to other parties, who rented other portions of tbe livery stable. At midnight appellant raised tbe door and took out some oats, of tbe value of forty cents, and fed to bis borses. Was it burglary? Under our code there is quite a difference between…
2Cases cited1 opinion
- Wakefield v. StateTexas Supreme Court · 1874
3Cited by2 opinions
- Conner v. StateCourt of Criminal Appeals of Texas · 1919
- Connor v. StateCourt of Criminal Appeals of Texas · 1919