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11 Tex. Ct. App. 390

Castenada v. State

Court of Appeals of Texas

Decided July 1, 1882

Court of Appeals of Texas · decided 1882-07-01

Tried below before the Hon. J. C. Russell. The indictment charged the burglarious entry of the store house of D. Barreda, and the theft therefrom of two pairs of boots. The verdict of guilty assessed the defendant’s punishment at two years in the penitentiary.

Decided 1882-07-01

White, P. J.

¶1Appellant was indicted for the crime of burglary with intent to steal. The judgment will be reversed for failure of the court to charge the jury upon the law of theft. When burglary is charged to have been committed with intent to commit theft, or to steal, the law of theft as well as that of burglary should be given in charge to the jury. Simms v. State, 2 Texas Ct. App. 110.

¶2Reversed and remanded,

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