Legal Opinion

Pyland v. State

Court of Criminal Appeals of Texas

Decided May 19, 1894No. 463PublishedCited by 12 opinions

Appeal from tbe District Court of Denton. Tried below before Hon. D. E. Barrett. ■ ' This appeal is from a judgment of conviction for burglary of a railroad car or “caboose,” tbe punishment assessed being a term of two years in tbe bouse of correction and reformatory, tbe jury by tbeir verdict having found appellant to be under tbe age of 16 years. A motion to quash tbe indictment was overruled. Tbe grounds of ' this motion are fully stated in tbe opinion.

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Appeal from tbe District Court of Denton. Tried below before Hon. D. E. Barrett. ■ ' This appeal is from a judgment of conviction for burglary of a railroad car or “caboose,” tbe punishment assessed being a term of two years in tbe bouse of correction and reformatory, tbe jury by tbeir verdict having found appellant to be under tbe age of 16 years. A motion to quash tbe indictment was overruled. Tbe grounds of ' this motion are fully stated in tbe opinion. Appellant was a witness in bis own behalf on tbe trial of tbe case. He testified, that be was born in Ohio; that be was 14 years of age;…

1Opinion of the Court

SIMELINS, Jhdg-e. —

1. Tbe indictment alleges that appellant, in tbe day-time, by force, etc., did break and enter a certain caboose there situate, tbe same being a railroad car attached to a train of freight cars, tbe same being then and there aecupied by David Knebbles, with intent, etc.; alleging an intent to steal the personal property of said Knebbles and one Hunter. Appellant moved to quash, because the ownership of the caboose, or the right in which the said Knebbles was holding and occupying the same, was not alleged. It is settled that, in charging burglary in a house, it is…

2Cited by12 opinions

  1. Serrato v. StateCourt of Criminal Appeals of Texas · 1914
  2. Holder v. StateCourt of Criminal Appeals of Texas · 1940
  3. Long v. StateCourt of Criminal Appeals of Texas · 1931
  4. Hasley v. StateCourt of Criminal Appeals of Texas · 1920
  5. Odell v. StateCourt of Criminal Appeals of Texas · 1923

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