Callahan v. State
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. S. Hare. Callahan and Donally were found guilty of theft from a house, and their punishment assessed at two years’ imprisonment in the penitentiary; judgment accordingly, from which they appealed. So much of the charge of the court below and facts as are necessary to a proper understanding of the case will be found contained in the opinion.
1Opinion of the Court
Roberts, Chief Justice.
The defendants were convicted of the theft of a pistol, proved to be of the value of ten dollars, “from and out of the tent of the said W. C. Porter, said tent being then and there a house,” as the same was described in the indictment. The evidence was that the pistol was in a trunk in a tent, which was in a wagon-yard, situated three and one-half miles from Denison; that Porter’s family lived in Denison, but that he and one Davis lived in the tent'while attending to the wagon-yard; it consisted of two forks driven in the ground "with a ridge-poll, across which was…
2Cited by3 opinions
- Knowles v. StateAlabama Court of Appeals · 1923
- State v. WeberSupreme Court of Missouri · 1900
- Killman v. StateCourt of Appeals of Texas · 1877