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367 S.W.2d 684

Bryant v. State

Court of Criminal Appeals of Texas · decided 1963-05-15

Relies on 166 Tex. Crim. 340 - Bell v. State · 162 Tex. Crim. 362 - Piland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-05-15

How this case has been cited

Cited by 4 later decisions — most recently April 1987

4 state decisions

20196319701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MORRISON, Judge.

¶1 The offense is burglary, with a prior conviction for an offense of like character alleged for enhancement; the punishment, 12 years.

¶2 Martin Her, branch manager of Anchor Fence Company, testified that he closed and locked his place of business on Saturday afternoon and, when he returned Monday morning, found that the back door had been pried open and a number of articles stolen therefrom, including 88 blank checks which bore the name of the company and were serially numbered.

¶3 Doyle Wilkinson, an employee of Tom Thumb Super Market, testified that appel *685 lant cashed one of the missing serially numbered Anchor Fence checks on Monday evening, it having been made out to Earnest Lee Gilbert in the sum of $81.72 and signed ■“James L. Wilson, Branch Mgr.”

¶4 Appellant was arrested sometime later as he attempted to pass another check. His •confession, which was introduced without •objection, recited that he broke into the Anchor Fence Company by forcing the door .and stole therefrom a ledger of checks as well as other items.

¶5 The prior conviction and appellant’s identity were established.

¶6 Appellant did not testify or call any wit-messes in his own behalf.

¶7 There are no formal bills of exception, and the only informal bills relate to the •asking of leading questions which are seldom the grounds for the reversal of a conviction. Piland v. State, 162 Tex.Cr.R. 362, 285 S.W.2d 230, and Bell v. State, 166 Tex.Cr.R. 340, 313 S.W.2d 606.

¶8 Finding the evidence sufficient to support the conviction and no reversible terror appearing, the judgment is affirmed.

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