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25 Tex. Ct. App. 226

Jones v. State

Court of Appeals of Texas

Decided March 14, 1888

Court of Appeals of Texas · decided 1888-03-14

Tried below before the Hon. J. N. Henderson. The conviction in this case was for the burglary of the house of Warner Williams, in Eobertson county, Texas, on the night of November 12, 1887. Force was the means of entry charged in the indictment. The penalty imposed by the verdict was a term of two years in the penitentiary. Warner Williams was the first witness for the State.

Cited by 1 later decisions — most recently March 1966

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-03-14

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Willson, Judge.

¶1This conviction is for burglary by force in the night. As presented to us in the record, there is not a particle of evidence that the defendant entered the house by force. It was proved that the front door of the house was bolted on the. inside, but it was not proved that there were not other doors in the house through which the defendant may have entered. There may have been another door, open, through which the defendant may have entered the house, and, if he so entered, it was not by force, and was not burglary.

¶2There is no evidence showing, or even tending to show, how he entered the house, whether by breaking a door, or through an open door, or through a window, or by way of the chimney, or through the floor, wall or roof of the house. We are not informed by the evidence anything in regard to the construction of the house, how many doors and windows were in it, whether open or closed at the time of the entry, except as to the front door. We must hold that the conviction is not supported by the evidence, and therefore the judgment is reversed and the cause Is remanded.

¶3Reversed and remanded.

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