Baker v. State

HARPER, Judge.

Appellant was indicted, charged with burglary. The offense is alleged to have occurred on the 9th of last February, but he was not tried until the 14th day of March. What is known as the “suspended sentence” law had been passed when appellant was tried, and it carrying the emergency clause, had gone into effect. Appellant, before the trial began, filed a written request, in substance, as follows:

“How comes the defendant in the above styled and numbered cause, and being then and there charged by indictment with the offense of burglary other than a private residence at night, and…