Rust v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Travis. Tried below before Hon. Wm. M. Key. Appellant was tried and convicted under an indictment charging him with burglary, and his punishment assessed at two years imprisonment in the penitentiary. It is not deemed necessary to state the evidence in the case.
1Opinion of the Court
DAVIDSON, Judge.
Separate indictments were presented by the grand jury, charging appellant with burglary and theft. When placed upon his trial for burglary, he, in addition to his plea of not guilty, interposed his plea of former conviction for theft in bar of this prosecution for burglary. A bill of exception contained in the transcript discloses, that exceptions to this special plea were sustained upon the ground that the conviction for theft did not bar this prosecution for burglary.
The record contains no order or judgment of the court showing the disposition of the plea. It is sought to…
2Cases cited5 opinions
- Davidson v. MurphySupreme Court of Connecticut · 1839
- Meeker v. Van RensselaerNew York Supreme Court · 1836
- Hamlin v. ReynoldsIllinois Supreme Court · 1859
- Packard v. BirdCalifornia Supreme Court · 1870
- Boker v. BronsonU.S. Circuit Court for the District of Southern New York · 1861
3Cited by11 opinions
- Ex Parte Dick RainsTexas Supreme Court · 1923
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- Vela v. StateCourt of Criminal Appeals of Texas · 1906
- Powers v. StateCourt of Criminal Appeals of Texas · 1913
- Cooper v. StateCourt of Criminal Appeals of Texas · 1949
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