Davis v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with burglary of the house of Ed Brown, with intent to commit theft. The burglary was alleged to have been committed on the 26th of October, 1902. Ed Brown testified he had charge of Taylor Bros, jewelry shop, in Houston, on Sunday, the 26th day of October, 1902. That on Monday morning he found the shop had been burglarized and a watch case and a pair of earrings taken from his work drawer, which he afterwards recovered from J. Dannenbaum, a…
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The indictment charged appellant with burglary of the house of Ed Brown, with intent to commit theft. The burglary was alleged to have been committed on the 26th of October, 1902. Ed Brown testified he had charge of Taylor Bros, jewelry shop, in Houston, on Sunday, the 26th day of October, 1902. That on Monday morning he found the shop had been burglarized and a watch case and a pair of earrings taken from his work drawer, which he afterwards recovered from J. Dannenbaum, a jeweler. Dannenbaum identified defendant positively as the man -who sold him the watch case taken from Ed Brown’s shop.…
1Opinion of the Court
HEHDEBSOH, Judge.
Appellant was convicted of burglary, and his punishment assessed at confinement -in the penitentiary for a term of two years, hence this appeal.
[Appellant’s motion for rehearing was overruled without written opinion.—Bep orter. ]
The record is without bill of exceptions. Appellant insists that the evidence is not sufficient to support the verdict and judgment. We have examined the record carefully, and, in our opinion, the testimony is ample to authorize and maintain the conviction. The fact that the evidence is circumstantial, and the main fact or circumstance against…
2Cited by2 opinions
- Fagnani v. StateCourt of Criminal Appeals of Texas · 1912
- Fagnani v. StateCourt of Criminal Appeals of Texas · 1912