Williams v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction of burglary; penalty, twelve years imprisonment in the penitentiary. The indictment was in the ordinary form for burglary of a house owned and occupied by John Wurnet, on the 34th of July, 1900, with intent on the part of appellant to commit theft of property in said house.
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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction of burglary; penalty, twelve years imprisonment in the penitentiary. The indictment was in the ordinary form for burglary of a house owned and occupied by John Wurnet, on the 34th of July, 1900, with intent on the part of appellant to commit theft of property in said house. The facts are stated in the testimony of the prosecuting witness, John Wurnet, as follows: “I live three miles-northeast of the of Fort Worth, Tarrant County, Texas. I know the defendant. I saw him at my place on the…
1Opinion of the Court
Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of twelve years, hence this appeal.
There is no bill of exceptions in the record, consequently we can not notice the assignments with reference to the improper admission of testimony regarding an assault alleged to have been made at the same time the burglary was committed. However, if there had been an exception to this testimony, it was admissible as a part of the res gestae. There was no error in the court's charge in failing to limit the effect and purpose of the testimony…
2Cited by3 opinions
- Thomas v. StateCourt of Criminal Appeals of Texas · 1912
- Litchfield v. StateCourt of Criminal Appeals of Texas · 1953
- Crouch v. StateCourt of Criminal Appeals of Texas · 1918