Legal Opinion

Pullen v. State

Court of Criminal Appeals of Texas

Decided April 16, 1913No. 2391PublishedCited by 13 opinions

The following statement by the Assistant Attorney-General is substantially correct: The undisputed evidence shows that the store was entered by someone at 3:20 a. m. on the 11th day of July, 1912; that at the time the party entered the store, one J. W. Cornett, a guard, was concealed therein; that he fired upon the intruder three times.

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The following statement by the Assistant Attorney-General is substantially correct: The undisputed evidence shows that the store was entered by someone at 3:20 a. m. on the 11th day of July, 1912; that at the time the party entered the store, one J. W. Cornett, a guard, was concealed therein; that he fired upon the intruder three times. The undisputed evidence further shows that appellant was in the town of Greenville, where this store was situated, on the evening of the 10th with a wagonload of peaches for sale; that he was seen at the camp meeting by his father and mother, who testified to…

1Opinion of the Court

HARPER, Judge.

Appellant was prosecuted and convicted of burglary, and his punishment assessed at two years confinement in the State penitentiary.

As J. W. Cornett on the trial swears positively to the identity of the defendant as the man who entered the store, it was not necessary to give a charge on circumstantial evidence. It is true on cross-examination and by proof of statements made at other times and places the appellant to some extent weakens the force of this identifying testimony, but this goes only to the weight to be given it by the jury, and did not render' a charge on…

2Cases cited6 opinions

  1. Probest v. StateCourt of Criminal Appeals of Texas · 1910
  2. Maples v. StateCourt of Criminal Appeals of Texas · 1910
  3. Cabrera v. StateCourt of Criminal Appeals of Texas · 1909
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1910
  5. Wooten v. StateCourt of Criminal Appeals of Texas · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1919
  2. White v. StateCourt of Criminal Appeals of Texas · 1950
  3. Howard v. StateCourt of Criminal Appeals of Texas · 1972
  4. Manley v. StateCourt of Criminal Appeals of Texas · 1922
  5. Clinton v. StateCourt of Criminal Appeals of Texas · 1937

8 more not listed; retrieve them via the Exa API.

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