Legal Opinion

Clark v. State

Court of Criminal Appeals of Texas

Decided May 4, 1910No. 571PublishedCited by 14 opinions

Appeal from the District Court of Bexar. Tried below before the Honorable Edward Dwyer. Appeal from a conviction of theft; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of theft, and his punishment assessed at two years confinement in the penitentiary.

The evidence discloses that appellant had been convicted of burglary, and his punishment assessed at three years confinement in the penitentiary, the indictment in this case being for the alleged theft committed in connection with that burglary. Plea of former conviction was interposed, but not considered upon the trial of this case. The action of the court in this matter was correct. Under our statute a party can be convicted of burglary as well as of the…

2Cases cited2 opinions

  1. People v. MeyerCalifornia Supreme Court · 1888
  2. Tarrango v. StateCourt of Criminal Appeals of Texas · 1903

3Cited by14 opinions

  1. Senter v. StateCourt of Criminal Appeals of Texas · 1967
  2. Bryant v. StateCourt of Criminal Appeals of Texas · 1932
  3. Pena v. StateCourt of Criminal Appeals of Texas · 1969
  4. Daniel v. StateCourt of Criminal Appeals of Texas · 1948
  5. Hill v. BestSupreme Court of Colorado · 1937

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