Turner v. State
Court of Appeals of Texas
Appear from the District Court of Freestone. Tried below before the Hon. L. D. Bradley. The conviction in this case was for the burglary of and theft from the house of W. M. Hancock, in Freestone county, Texas, on the eighteenth day of May, 1886, and the penalty imposed upon the appellant was a term of two years in the penitentiary. There is no statement of facts.
1Opinion of the Court
Willson, Judge.
It was not error to overrule defendant’s exceptions to the indictment.- Both burglary and theft may be charged in the same indictment, and in the same count. (Dunham v. The State, 9 Texas Ct. App., 330; Miller v. The State, 16 Texas Ct. App., 417.)
In this case the indictment, in the same count, charges both burglary and theft, but the court, in its charge to the jury, submitted only the issue as to the burglary, and the jury returned a general verdict of guilty, upon which the court adjudged defendant guilty of burglary. The verdict conforms to the indictment and the charge of…
2Cited by10 opinions
- Faulks v. StateCourt of Criminal Appeals of Texas · 1975
- Roberts v. StateCourt of Criminal Appeals of Texas · 1911
- Powers v. StateCourt of Criminal Appeals of Texas · 1949
- Guile v. StateCourt of Criminal Appeals of Texas · 1912
- Guill v. StateCourt of Criminal Appeals of Texas · 1912
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