Jones v. State
| Decision Date | 14 March 1888 |
| Citation | 7 S.W. 669 |
| Parties | JONES v. STATE. |
| Court | Texas Court of Appeals |
Appeal from district court, Robertson county; J. N. HENDERSON, Judge.
The defendant and appellant, Thomas Jones, was convicted of burglary by force in the night-time.
W. O. Campbell, for appellant. Asst. Atty. Gen. Davidson, for the State.
This 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. There 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.
To continue reading
Request your trial
-
Mixon v. State, 35106
...his contention that the evidence is insufficient to sustain his conviction. We find that they are each distinguishable. Jones v. State, 25 Tex.App. 621, 7 S.W. 669, was reversed because there was no evidence at all tending to show how the accused entered the house he was accused of burglari......
-
Moncrief v. State
...sufficiency of the evidence to prove the offense of burglary is challenged, and the position is well taken. The cases of Jones v. State, 25 Tex. App. 226, 7 S. W. 669; Love v. State, 58 Tex. Cr. R. 270, 124 S. W. 932; Hill v. State, 44 Tex. Cr. R. 603, 73 S. W. 9; Herndon v. State, 50 Tex. ......