Legal Opinion

Fountain v. State

Court of Criminal Appeals of Texas

Decided December 21, 1921No. 6451PublishedCited by 32 opinions

Appeal from the District Court of Van Zandt. Tried below before the Honorable Joel R. Bond. Appeal from a conviction of burglary; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question,of remarks by Judge; Chapman v. State, 57 S. W. Rep., 965; Redwine v. State, 213 id., 636. On question of other offenses: Buck v. State, 83 S. W. Rep., 390, and cases cited in opinion.

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Appeal from the District Court of Van Zandt. Tried below before the Honorable Joel R. Bond. Appeal from a conviction of burglary; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question,of remarks by Judge; Chapman v. State, 57 S. W. Rep., 965; Redwine v. State, 213 id., 636. On question of other offenses: Buck v. State, 83 S. W. Rep., 390, and cases cited in opinion. On question of evidence on suspended sentence: Jones v. State, 167 S. W. Rep., 1110, and cases cited in opinion.

1Opinion of the Court

HAWKINS, Judge;.

Conviction was for burglary. Sentence two years in penitentiary.

As we view the record no necessity exists for detailing the evidence. It is sufficient to sustain the conviction.

It is made to appear by bill of exceptions that while part of the jury pannel was being examined they were questioned by counsel with reference to their view upon the issue of suspended sentence, appellant having filed an application requesting the submission of that issue. Before the examination was completed a jury in another case reported, in which a suspended sentence was recommended in a burglary…

2Cases cited13 opinions

  1. Williamson v. StateCourt of Criminal Appeals of Texas · 1914
  2. Denton v. StateCourt of Criminal Appeals of Texas · 1901
  3. Fannin v. StateCourt of Criminal Appeals of Texas · 1907
  4. Walton v. StateCourt of Criminal Appeals of Texas · 1900
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1897

8 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Harrell v. StateCourt of Criminal Appeals of Texas · 1994
  2. State v. EbelMontana Supreme Court · 1932
  3. Wells v. StateCourt of Criminal Appeals of Texas · 1931
  4. Carmean v. StateCourt of Criminal Appeals of Texas · 1956
  5. Shepherd v. StateCourt of Criminal Appeals of Texas · 1942

27 more not listed; retrieve them via the Exa API.

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