Legal Opinion

Kalsky v. State

Court of Criminal Appeals of Texas

Decided March 3, 1897No. 1278PublishedCited by 7 opinions

The indictment charged appellant with the burglary of the house of Aloys Altmann. The house was a blacksmith shop and a number of tools were taken therefrom, and, among other things, two screw-plates valued at $25. Louis Shields testified, that he bought these screw-plates from defendant for $25, and that he put them in his house under the bed; and, in about three weeks thereafter defendant came and entered his house and took them without his knowledge or consent.

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The indictment charged appellant with the burglary of the house of Aloys Altmann. The house was a blacksmith shop and a number of tools were taken therefrom, and, among other things, two screw-plates valued at $25. Louis Shields testified, that he bought these screw-plates from defendant for $25, and that he put them in his house under the bed; and, in about three weeks thereafter defendant came and entered his house and took them without his knowledge or consent. That he afterwards asked defendant for them, and he said he had taken them to the man they belonged to. He says: “I told him if he…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of burglary, and his punishment assessed at two years in the penitentiary, and he prosecutes this appeal. The first bill of exceptions recites that the “District Attorney was allowed, over the protest of the defendant’s counsel, to ask the said witness, Louis Shields, how defendant procured certain tools from him (Shields), and all about the transaction had between the defendant and Shields in regard to the purchase of said tools. Defendant’s counsel objected in open court, and files this his bill of exceptions.” It will be seen that this bill is too…

2Cited by7 opinions

  1. Harris v. StateCourt of Criminal Appeals of Texas · 1912
  2. Perry v. StateCourt of Criminal Appeals of Oklahoma · 1945
  3. Bybee v. StateCourt of Criminal Appeals of Texas · 1914
  4. Bratcher v. StateCourt of Criminal Appeals of Texas · 1934
  5. Champion v. ShumateTexas Supreme Court · 1897

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