Sparks v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appellant was indicted for the burglary of the house of one Hick Lechter, with intent to commit theft, and was convicted at his trial for said offense, the punishment being assessed at a term of two years in the penitentiary. The important features of the ease as made by the evidence are sufficiently shown in the opinion.
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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appellant was indicted for the burglary of the house of one Hick Lechter, with intent to commit theft, and was convicted at his trial for said offense, the punishment being assessed at a term of two years in the penitentiary. The important features of the ease as made by the evidence are sufficiently shown in the opinion. Among other matters, the court instructed the jury in the fourth paragraph of the charge, as follows: “By the term breaking, as used in this charge, is meant that the entry must be made by…
1Opinion of the Court
HEHDERSOH, Judge.
The appellant was tried and convicted in the lower court of the offense of burglary, and his punishment assessed at imprisonment in the penitentiary for a term of two years.
The defendant makes but two assignments of error which require notice.
It is insisted that the court should not, in presenting to the jury a definition of the force requisite to constitute burglary, have used the statutory illustration, as “lifting the latch of a door,” etc., there being nothing in the evidence indicating that the entry was so made. It is true there was nothing in the evidence to show that…
2Cited by29 opinions
- State v. CrankUtah Supreme Court · 1943
- Williams v. StateCourt of Criminal Appeals of Texas · 1920
- Bingham v. StateCourt of Criminal Appeals of Texas · 1924
- Hamlin v. StateCourt of Criminal Appeals of Texas · 1898
- Bowie v. StateCourt of Criminal Appeals of Texas · 1966
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