Wilcox v. State
Texas Supreme Court
Appeal from Galveston. The case was tried before Hon. William E. Payle, judge of the criminal court for Galveston and Harris counties. As there was no statement of facts or bill of exceptions, it is only necessary to state that the indictment charged the defendant with breaking and entering the banking-house of William B. Sorley, and stealing the goods and money of E. H. Cuny. There was no motion to quash or in arrest of judgment.
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Appeal from Galveston. The case was tried before Hon. William E. Payle, judge of the criminal court for Galveston and Harris counties. As there was no statement of facts or bill of exceptions, it is only necessary to state that the indictment charged the defendant with breaking and entering the banking-house of William B. Sorley, and stealing the goods and money of E. H. Cuny. There was no motion to quash or in arrest of judgment. The defendant was found guilty, and sentenced to five years’ imprisonment, from which judgment he appealed.
1Opinion of the CourtCaldwell, J.
—We have neither bill of exceptions nor assignment of errors. There is nothing before this court on appeal but the sufficiency of the indictment, the evidence, and motion for a new trial.
The indictment charges the defendant with burglariously entering the banking-house of W. B. Sorley, with the intent to steal the goods, &c., of said Sorley, and after such burglarious entering did steal, take, &c., of the goods and chattels of one E. H. Cuny.
It is insisted on, in behalf of the prisoner, that the indictment is bad for duplicity, in that it charges the defendant with burglary and theft in the…
2Cases cited1 opinion
- McKean v. ZillerTexas Supreme Court · 1852
3Cited by4 opinions
- Henry v. StateCourt of Criminal Appeals of Texas · 1897
- Mathis v. StateCourt of Criminal Appeals of Texas · 1929
- Williams v. StateCourt of Criminal Appeals of Texas · 1925
- Early v. StateCourt of Appeals of Texas · 1876