Legal Opinion

Whitford v. State

Court of Appeals of Texas

Decided December 14, 1887No. 2595PublishedCited by 17 opinions

Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. The indictment in this case jointly charged the appellant and William Neiderluck alias William Miller, Edward Levi and Frank Hawkins,' with the offense of conspiracy to commit the burglary of the eating house or restaurant of one Tom Wing, in Bexar county, Texas, on the night of the third day of July, 1886. The separate trial of the appellant resulted in his conviction, and his punishment was…

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Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. The indictment in this case jointly charged the appellant and William Neiderluck alias William Miller, Edward Levi and Frank Hawkins,' with the offense of conspiracy to commit the burglary of the eating house or restaurant of one Tom Wing, in Bexar county, Texas, on the night of the third day of July, 1886. The separate trial of the appellant resulted in his conviction, and his punishment was assessed at a term of four years in the penitentiary. Beginning on page 38 of the twenty-third volume of these Reports,…

1Opinion of the Court

Hurt, Judge.

Whitford, Neiderluck alias Miller, Edward

Levi and Frank Hawkins were jointly indicted for conspiracy to commit burglary. Appellant Whitford was tried alone, a severance being had, was convicted and appeals to this court. In bar to this prosecution appellant interposed a plea of conviction *492for the burglary. Upon motion of the district attorney this plea was stricken out, and appellant excepted.

Was the plea a bar, conceding it to be true, to the prosecution for conspiracy? Appellant was convicted of the substantive offense, to wit, burglary as a’principal, not as an accomplice.…

2Cited by17 opinions

  1. Crocker v. StateCourt of Criminal Appeals of Texas · 1978
  2. Meeks v. StateCourt of Criminal Appeals of Texas · 1983
  3. Ex Parte SillerCourt of Criminal Appeals of Texas · 1985
  4. Kalish v. StateCourt of Criminal Appeals of Texas · 1983
  5. Whitworth v. StateCourt of Appeals of Texas · 1981

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