Legal Opinion

Terry v. State

Court of Criminal Appeals of Texas

Decided November 9, 1898No. 1898PublishedCited by 1 opinion

Appeal from the District Court of Freestone. Tried below before Hon. L. B. Cobb. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary.

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Appeal from the District Court of Freestone. Tried below before Hon. L. B. Cobb. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary. The indictment charged Walter Adams, Luther Cobb, and Oscar Terry jointly with burglary and, of theft from the storehouse of Hendrix & Hendrix on the night of the 9th of September, 1895. Hazley Adams testified that defendant Oscar Terry had confessed to him that he, Oscar Terry, Walter Adams, and Luther Cobb had burglarized the store, and that Walter Adams had gotten a pistol they had taken from the house when they divided…

1Opinion of the Court

HENDERSON", Judge.

Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary .for a term of two years; hence this appeal.

On the trial the defendant objected to the testimony of Otis Bryant, on the ground that same was not pertinent as against him; that it did not in anywise tend to show his connection with the alleged burglary. The testimony of Bryant tended to show the identity of a pistol taken from the house alleged to have been burglarized, and found in the possession of one of the defendants. We think said testimony was pertinent, as tending to…

2Cited by1 opinion

  1. State v. BringgoldWashington Supreme Court · 1905

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