Clark v. State
| Decision Date | 14 April 1894 |
| Citation | 26 S.W. 68 |
| Parties | CLARK v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Bell county; W. A. Blackburn, Judge.
John Clark was convicted of burglary, and appeals. Affirmed.
James Boyd, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.
The indictment charged burglary with intent to steal. The contention of appellant that it should have charged actual theft after the entry is not sound. The indictment is in the usual form, and is sufficient.
After describing foot tracks leading to and from the burglarized house, two witnesses testified that some of said tracks corresponded with shoes worn by the defendant at his examining trial. Under the well-settled decisions in this state, this evidence was clearly admissible. Defendant's exceptions were not well taken. Clark v. State, 28 Tex. App. 189, 12 S. W. 729, and cited authorities; Crumes v. State, 28 Tex. App. 516, 13 S. W. 868; Rippey v. State, 29 Tex. App. 37, 14 S. W. 448; McLain v. State, 30 Tex. App. 482, 17 S. W. 1092; Willson's Cr. St. § 2502.
The court did not err in refusing to give the requested charge prepared by defendant's counsel. The issue had been fully presented by the court's charge to the jury. When the charge given the jury embraces all the law of the case, substantially, special instructions are properly refused. Willson's Cr. St. § 2254. The evidence fully sustains the conviction, and the judgment is affirmed.
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