Legal Opinion

Trent v. State

Court of Criminal Appeals of Texas

Decided November 5, 1892No. 492PublishedCited by 11 opinions

Appeal from the District Court of Dallas. Tried below before Hon. R. E. Burke. Appellant was jointly tried with John Hays and two other parties, on an indictment charging them with burglary and theft. Both he and Hays were found guilty, and their punishment assessed at two years (each) in the penitentiary. A new trial was awarded the defendant Hays. This is the second appeal taken in this case. See Hays et al. v. The State, 30 Texas Ct.

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Appeal from the District Court of Dallas. Tried below before Hon. R. E. Burke. Appellant was jointly tried with John Hays and two other parties, on an indictment charging them with burglary and theft. Both he and Hays were found guilty, and their punishment assessed at two years (each) in the penitentiary. A new trial was awarded the defendant Hays. This is the second appeal taken in this case. See Hays et al. v. The State, 30 Texas Ct. App., 472. The facts are sufficiently stated in the opinion of the court.

1Opinion of the Court

SIMKINS, Judge.

Defendant and three others were jointly indicted for burglary and theft. The defendant was placed on trial, and convicted of burglary, and sentenced to two years in the penitentiary, from which judgment he appeals.

1. On June 2, 1891, the store of A. Lowenstein, in Dallas County, was burglarized, and a quantity of clothing and other articles taken. The burglary was effected by breaking the front window with a rock, and taking out the goods through the opening. On trial the defendant objected to Officer ICerby stating that Lowenstein identified the property taken from his store.…

2Cited by11 opinions

  1. State v. SargentOregon Supreme Court · 1897
  2. Harvey v. StateCourt of Criminal Appeals of Texas · 1896
  3. Levine v. StateCourt of Criminal Appeals of Texas · 1896
  4. Norris v. StateCourt of Criminal Appeals of Texas · 1893
  5. Wilkerson v. StateCourt of Criminal Appeals of Texas · 1922

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