Clark v. State
Court of Appeals of Texas
Appeal from the County Court of Cooke. Tried below before the Hon. J. P. Hall, County Judge. The conviction in this case was for defacing a certain public school house, and the penalty imposed was a fine of five dollars. That the door of the Walling school house in Cooke county was split by being kicked open, and the lower sash of a window broken, on the night of February 14, 1885, was fully proved by the State, and not controverted by the defense.
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Appeal from the County Court of Cooke. Tried below before the Hon. J. P. Hall, County Judge. The conviction in this case was for defacing a certain public school house, and the penalty imposed was a fine of five dollars. That the door of the Walling school house in Cooke county was split by being kicked open, and the lower sash of a window broken, on the night of February 14, 1885, was fully proved by the State, and not controverted by the defense. The State located the defendant and one James Blackburn together near the school house on that night, and adduced strong circumstantial evidence…
1Opinion of the Court
Willson, Judge.
A complaint which states that the affiant “has good reason to believe and does believe” that the accused has committed the offense charged is valid. (Code Crim. Proc., art. 236; Brown v. The State, 11 Texas Ct. App., 451.)
It is charged in the complaint and information that the building alleged to have been defaced was a “public building,” and was “held for public use by Cooke county.” These allegations bring the case fully within the statute and the decisions, and the information is a good one. (Penal Code, arts. 417, 418; Brown v. The State, 16 Texas Ct. App., 245; Pratt v.…
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