Carr v. State
Court of Appeals of Texas
Appeal from the District Court of Red River. Tried below before the Hon. D. H. Scott. The conviction in this case was for the nocturnal burglary of the house of Gough & Smith, in Red River county, Texas, on September 10, 1887. The penalty assessed against the appellant was a term of two years in the penitentiary. Joe F. Smith was the first witness for the State.
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Appeal from the District Court of Red River. Tried below before the Hon. D. H. Scott. The conviction in this case was for the nocturnal burglary of the house of Gough & Smith, in Red River county, Texas, on September 10, 1887. The penalty assessed against the appellant was a term of two years in the penitentiary. Joe F. Smith was the first witness for the State. He testified that he was the junior member of the firm of Gough & Smith, who were retail grocers, doing business in the town of Clarksville, Red River county, Texas.; Witness’s partner’s name was William C. Gough. The witness had…
1Opinion of the Court
Willson, Judge.
At the time of the commission of the offense, the evidence shows that the defendant was over nine but under thirteen years of age. His non age being established, the *568burden devolved upon the State, in order to subject him to punishment, to prove that at the time he committed the offense, if he did commit it, he understood the nature and illegality of the act. Proof that he knew the difference between good and evil, or that he was possessed of the intelligence of ordinary boys of his age, does not fill the requirements of the law. It must be shown that he had sufficient…
2Cases cited1 opinion
- Cooper v. StateTexas Supreme Court · 1859
3Cited by13 opinions
- Fuller v. StateCourt of Criminal Appeals of Texas · 1968
- State v. McGruderSupreme Court of Iowa · 1904
- People v. O'BrienCalifornia Court of Appeal · 1932
- Little v. StateSupreme Court of Arkansas · 1977
- Furst v. StateNebraska Supreme Court · 1891
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