Legal Opinion

Edwards v. State

Court of Criminal Appeals of Texas

Decided October 28, 1896No. 1323PublishedCited by 4 opinions

Appeal from the District Court of Red River. Tried below before Hon. E. S. Chambers, Special Judge. Appeal from a conviction for burglary; penalty, three years’ imprisonment in the penitentiary. On the night of the 20th of December, 1895, the storehouse of J. T. Brown, of Clarksville, was kept open for the transaction of business until about 11 o’clock p. m., when it was closed up and securely fastened by the clerk.

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Appeal from the District Court of Red River. Tried below before Hon. E. S. Chambers, Special Judge. Appeal from a conviction for burglary; penalty, three years’ imprisonment in the penitentiary. On the night of the 20th of December, 1895, the storehouse of J. T. Brown, of Clarksville, was kept open for the transaction of business until about 11 o’clock p. m., when it was closed up and securely fastened by the clerk. Amongst others who were in the store that night, defendant was there, and purchased some cheese and crackers from one of the clerks about 10 o’clock. On the next morning it was…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of burglary, and given three years in the penitentiary, and prosecutes this appeal. The indictment was in the ordinary form, and charges that “thé defendant, at night, by force and fraud, did break and enter a house there situate, and occupied and controlled by J. T. Brown, without the consent of the said J. T. Brown, and with the intent then and there fraudulently to take from the said house corporeal property therein being and belonging to the said J. T. Brown, and from the possession of the said J. T. Brown, without his consent, and with intent to…

2Cases cited2 opinions

  1. White v. StateSupreme Court of Georgia · 1874
  2. State v. McPhersonSupreme Court of North Carolina · 1874

3Cited by4 opinions

  1. Burton v. StateCourt of Criminal Appeals of Texas · 1973
  2. Thommen v. StateCourt of Criminal Appeals of Texas · 1974
  3. Grinage v. State, Texas Court of Appeals, 4th District (San Antonio)1982
  4. Thurston v. StateCourt of Criminal Appeals of Texas · 1937

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