Gearin v. State

Pannell, Judge.

Phil Gearin was convicted of burglary and carrying a pistol without a license outside his house, and outside his house concealed, and was sentenced to eleven years in the penitentiary. He appeals from an order overruling his amended motion for new trial. Held:

1. Appellant alleges: "The court erred in failing to charge the lesser included offense or included offense of receiving stolen goods as it was demanded by the evidence.” The allegation presents two questions for the courts’ consideration, (1) Is receiving stolen goods a lesser included offense of the offense of burglary?…