Moseley v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Chas. F. Clint. Appeal from a conviction of burglary; penalty, five years imprisonment in the penitentiary. Appellant was charged by indictment with burglary, with intent to commit theft, of the house of one L. 0. Prue. One of the gold rings taken from the burglarized house was given by defendant as a present to his niece.
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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Chas. F. Clint. Appeal from a conviction of burglary; penalty, five years imprisonment in the penitentiary. Appellant was charged by indictment with burglary, with intent to commit theft, of the house of one L. 0. Prue. One of the gold rings taken from the burglarized house was given by defendant as a present to his niece. Prue found her in possession of this ring, identified and claimed it, and recovered it from 'her. The other property taken at the time of the burglary was not found or recovered.
1Opinion of the Court
DAVID SOS", Presiding Judge.
Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of five years.
The rule was invoked and the witnesses segregated. The court was asked to charge the witnesses not to talk to anyone about the case, nor permit anyone to talk to them. It is stated in the bill that the court refused this request; that the request was repeated and met with the second refusal. The court explains this by stating that he had twice tried the cause, and defendant had been twice convicted. On the first trial the witnesses were…
2Cited by6 opinions
- State v. BullIdaho Supreme Court · 1929
- Edwards v. StateCourt of Criminal Appeals of Texas · 1922
- Ross v. StateCourt of Criminal Appeals of Texas · 1928
- Prata v. StateCourt of Criminal Appeals of Texas · 1915
- Lester v. StateCourt of Criminal Appeals of Texas · 1913
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