Cass v. State

LATTIMORE, Judge.

Conviction for burglary of a box car; punishment, two years in the penitentiary.

The facts support the conclusion of guilt, and we find but one question raised calling for discussion, which may be stated thus: C is on trial for burglary of a box car; after his arrest officers go to the house occupied by C and his wife; she gives her consent without any sort of coercion to search the premises. In the yard behind a barrel is found part of the property taken from said box car. The question raised is: Is testimony of such finding admissible over the objection that the wife cannot…