Willis v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Falls. Tried below before Hon. S. E. Scott. Appellant was tried and convicted of tbe offense of burglary, receiving as bis sentence a three years’ term in tbe State reformatory, and appeals. Tbe facts briefly stated are, that appellant, who was not 15 years old at tbe time tbe offense was committed, was an orphan and resided with bis uncle, Tony Lord.
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Appeal from tbe District Court of Falls. Tried below before Hon. S. E. Scott. Appellant was tried and convicted of tbe offense of burglary, receiving as bis sentence a three years’ term in tbe State reformatory, and appeals. Tbe facts briefly stated are, that appellant, who was not 15 years old at tbe time tbe offense was committed, was an orphan and resided with bis uncle, Tony Lord. G. Conte, tbe owner and proprietor of tbe bouse alleged to have been burglarized, was absent from tbe town of Marlin, and bis business was being conducted by one James Yer-drine, who testified, “that on tbe…
1Opinion of the Court
SIMBLINS, Judge.-
Appellant was convicted, of burglary, and sentenced to three years in the State reformatory, from which he appeals.
1. The court did not err in charging the jury in this case that the structure burglarized was a house. The undisputed testimony shows the structure to come fully within the term “house,” as defined in article 709 of the Penal Code. It is described as a fruit stand built somewhat in the shape of a piano box, about eight feet high, with shelves and counters; and the proprietor could, in making sales, stand inside or out of the structure, as he desired. It was…
2Cited by18 opinions
- Favro v. StateCourt of Criminal Appeals of Texas · 1898
- Mitchell v. StateCourt of Appeals of Georgia · 1943
- State v. MarksIdaho Supreme Court · 1927
- People v. CoffeeCalifornia Court of Appeal · 1921
- McCabe v. StateCourt of Appeals of Georgia · 1907
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