Coates v. State
Court of Criminal Appeals of Texas
Appellant was indicted for burglary, and for the theft of fifty bottles of beer, alleged to be the property of J. P. Lynn. At his trial he was found guilty, and his punishment assessed at two years in the penitentiary. The evidence showed that the property stolen belonged to a partnership, composed of J. P. Lynn and R. A. Ewing, and defendant’s contention was, on the trial, that there was a variance as to allegation and the proof as to ownership.
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Appellant was indicted for burglary, and for the theft of fifty bottles of beer, alleged to be the property of J. P. Lynn. At his trial he was found guilty, and his punishment assessed at two years in the penitentiary. The evidence showed that the property stolen belonged to a partnership, composed of J. P. Lynn and R. A. Ewing, and defendant’s contention was, on the trial, that there was a variance as to allegation and the proof as to ownership. The evidence showed that on the second night after the burglary, defendant and two other parties, at the time of their arrest, were found in…
1Opinion of the Court
DAVIDSON, Judge.
This appeal is prosecuted from a conviction of burglary. In separate counts the indictment charges burglary at night and in daytime. The court’s charge limited the consideration of the jury to the count alleging the burglary at night.
The evidence adduced shows the offense to have been committed at night, and excludes the idea that the house was entered in the daytime. It was not error for the court to so limit the jury. This was the case as made by the facts. The court might have appropriately required a dismissal of the second count, or have pointedly instructed the jury to…
2Cited by14 opinions
- Malazzo v. StateCourt of Criminal Appeals of Texas · 1957
- Bailey v. StateCourt of Criminal Appeals of Texas · 1906
- Davis v. StateCourt of Criminal Appeals of Texas · 1911
- Powers v. StateCourt of Criminal Appeals of Texas · 1913
- Reasoner v. StateCourt of Criminal Appeals of Texas · 1930
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