Washington v. State
Court of Appeals of Texas
Appeal from the District Court of Busk. Tried below before the Hon. A. J. Booty. The conviction in this case was for the burglary of the smoke house of Beuben Latham, in Busk county, Texas, on the night of the 12th day of February, 1883, the intent of the defendant being alleged to be to steal the corporeal personal property of the said Latham, in the said house situate. A term of two years in the penitentiary was the punishment assessed- by the verdict.
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Appeal from the District Court of Busk. Tried below before the Hon. A. J. Booty. The conviction in this case was for the burglary of the smoke house of Beuben Latham, in Busk county, Texas, on the night of the 12th day of February, 1883, the intent of the defendant being alleged to be to steal the corporeal personal property of the said Latham, in the said house situate. A term of two years in the penitentiary was the punishment assessed- by the verdict. Mrs. Sarah Latham, the wife of the prosecuting witness, Beuben Latham, was the first witness for the State. She testified that, about 11…
1Opinion of the Court
Willson, Jüdge.
I. It is not a valid objection to the indictment that it does not specify the property which it is alleged the defendant intended to steal. All the essential elements of theft are alleged in the words of the statute defining that offense, and this is all that is required in an indictment for burglary with the intent to commit theft. An indictment such as the one in this case was held sufficient in Lawson v. The State, 13 Texas Ct. App., 264. If the indictment had been for theft, it would have been required, for the purpose of identitjq that the particular property stolen should…
2Cases cited3 opinions
- Greenwood v. StateTexas Supreme Court · 1872
- Hampton v. StateTexas Supreme Court · 1876
- Myers v. StateTexas Supreme Court · 1868