Greeson v. State

Decision Date23 November 1966
Docket NumberNo. 39882,39882
PartiesWeldon Preston GREESON, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

Robert E. White, John Y. Cassell, Dallas, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, James H. Miller and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Judge.

The offense if burglary; the punishment, ten (10) years confinement in the Texas Department of Corrections.

Notice of appeal was given December 17, 1965.

The record reflects that at about 10:30 p.m. on the night of March 30, 1965, as officers Metcalf and McConnell of the Dallas Police Department were driving on South Beckley Street, they noticed two men standing outside the front of a warehouse. One of the men had his hands on a dolly which was supporting an air-conditioning unit. This man was wearing a dark green fatigue jacket and fatigue cap. As the police car passed the warehouse the officers noticed that the men were watching them. As the officers turned their car around to have another look, the two men 'broke and ran.' Officer Metcalf leaped from the moving car and began pursuing the man who was wearing the dark green fatigues. After much running and dodging through streets and alleys the pursued man ran in back of a Seven-Eleven store. At this point he saw Officer McConnell in front of the store talking to another man. He stopped running, turned to Officer Metcalf who was right behind him, and said, 'Okay, you've caught me.' This man in the green fatigues was the appellant, Weldon Greeson. Mr. Walker, the owner of the warehouse on 2105 South Beckley Street, testified that around 6:00 p.m. on the evening in question he had locked his warehouse after a final check of all the items contained in it. After the appellant had been apprehended Mr. Walker went to the warehouse and identified the air-conditioner as one belonging to him. He also stated that the unit had been inside the warehouse when he locked the door. It was established that the warehouse had been entered after a bar attached to the lock had been removed from the door.

There was no testimony on behalf of appellant.

Appellant complains that neither the charge, indictment, nor the evidence specifies the building allegedly burglarized with a particularity sufficient to meet the requirements of 'proof of guilt beyond a reasonable doubt.' It is well established that it is not necessary...

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2 cases
  • Williams v. State
    • United States
    • Texas Court of Appeals
    • August 29, 1990
    ...S.W.2d 286 (Tex.Crim.App.1983). We agree. The trial court did not err in overruling the motion to quash. See and cf. Greeson v. State, 408 S.W.2d 515 (Tex.Crim.App.1966). Appellant's reliance upon Santana v. State, 658 S.W.2d 612, 614 (Tex.Crim.App.1983) is misplaced. The trial court charge......
  • Nichols v. State
    • United States
    • Texas Court of Criminal Appeals
    • May 16, 1973
    ...Lopez v. State, 472 S.W.2d 771 (Tex.Cr.App.1971); Lambert v. State, 432 S.W.2d 901 (Tex.Cr.App.1968); Greeson v. State, 408 S.W.2d 515 (Tex.Cr.App.1966); Thomas v. State, 168 Tex.Cr.R. 544, 330 S.W.2d 201 (1959); Willson's Criminal Forms, Sec. 1921, p. 433; 4 Branch's Ann.P.C.2nd 833, Secs.......

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