Taylor v. State, 26655
| Decision Date | 16 December 1953 |
| Docket Number | No. 26655,26655 |
| Citation | 264 S.W.2d 115,159 Tex.Crim. 441 |
| Parties | TAYLOR v. STATE. |
| Court | Texas Court of Criminal Appeals |
McCarthy & Haynes, by George S. McCarthy, Amarillo, for appellant.
Wesley Dice, State's Atty., Austin, for the State.
Appellant was charged by indictment with the burglary of a building belonging to C. P. Lamkin with the intent to take therefrom certain corporeal personal property, etc. Upon the trial he was convicted by the jury and given a term of two years in the state penitentiary and sentenced accordingly.
It appears from the evidence that Mr. Lamkin owned a certain building called the Lakeside Drive-in, located about six miles from the court house of Potter County; that on the 20th day of February, 1953, Mr. Reynolds, a night watchman, heard a noise therein about 2:15 o'clock in the morning which sounded like the breaking of glass. His attention was directed to the back door and its outside entrance which had been locked up to that time. This woke him up, and he then heard a hammering of some kind on the door. He saw something coming through the hole which had been knocked in the door. Mr. Reynolds possessed himself of his shotgun and walked toward this door, and the hammering ceased. He then saw what looked to him to be someone's hand reaching in to unlock the door from the inside, whereupon he shot at it and it was withdrawn. In a moment or two a car was driven off. This gun was a single-barreled shotgun loaded with No. 4 shot. Soon after the car drove away the officers came up and took charge of the situation. They found a hole in the door and some broken glass; also a quantity of shot which was offered in evidence as State's Exhibit No. 1.
Later on during the night an airman of the United States Air Force stationed at Amarillo was on duty as a member of the Air Police. Between 2:00 and 3:00 o'clock that morning, or approximately 2:30 o'clock, he saw Charles K. Taylor, the appellant. 'His hand had been shot, or something had happened to it; it was mangled, looked to me like; a piece of his thumb hanging off.' It was bleeding a lot. Appellant requested the witness to call an ambulance. Upon being asked how he had hurt his hand he said, 'It had been shot.'
There was also testimony from another member of the Air Force, a mechanic, who testified that he saw the appellant about 6:45 o'clock on the morning of February 20, 1953. Appellant was in the hospital at that time. The witness saw the doctor who waited on the appellant in the surgery and saw him take some shot out of the appellant's hand. The shot thus taken out of the appellant's hand was introduced in evidence as State's Exhibit No. 2.
A further witness, Mr. Duncan, testified that he...
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Hutchinson v. State
...to show 'breaking' 1 and 'entry' 2 into the building. See Hendrix v. State, 474 S.W.2d 230 (Tex.Cr.App.1971); Taylor v. State, 159 Tex.Cr.R. 441, 264 S.W.2d 115 (1953) and Turner v. State, 165 Tex.Cr.R. 106, 303 S.W.2d 386 The evidence is also sufficient to show that the breaking and entry ......
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Hendrix v. State, 44201
...of taking from the house any personal property, although no part of the body of the offender should be introduced.' Taylor v. State, 159 Tex.Cr.R. 441, 264 S.W.2d 115, held that an entry under Article 1393, supra, was accomplished by the sticking of the accused's hand through a hole he had ......