Williamson v. State
Decision Date | 16 March 1898 |
Citation | 44 S.W. 1107 |
Parties | WILLIAMSON v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from district court, Wilbarger county; G. A. Brown, Judge.
H. B. Williamson was convicted of burglary, and appeals. Reversed.
Frank P. McGhee, for appellant. W. W. Walling and Mann Trice, for the State.
Appellant was convicted of burglary, and appeals.
The indictment is in the usual form, and contains two counts. The first charges a burglary at night, and the second in the daytime. There are several questions presented by the record, but, under the view we take of the case, it is not necessary to discuss any of them, except the insufficiency of the testimony to support the judgment of conviction. The testimony is very brief, and shows without contradiction that the "house" alleged to have been burglarized was described as follows: It was covered with a wagon sheet securely fastened, so that the oats could not be taken from the box without in some way forcibly removing the cover. The question here is, was this a "house," within contemplation of the statute of burglary. We are of opinion that it was not. It is true that it had four sides, and was covered over, but it was nevertheless a box, and not a house. All boxes which contain goods—shoes, groceries, etc.— for shipment would be houses if this box is held to be one. The evidence excludes the idea of permanency of location or fixedness of place in regard to this house. It was portable, and made for the express purpose of being carried from place to place for the purpose of holding the heads cut from grain, or of grain after it was threshed; and was not used, or intended to be used, in any way or for any purpose connected with a habitation, or other...
To continue reading
Request your trial-
State v. Ebel
... ... (b) But ... it is urged that the "sheep wagon" does not come ... within the statute because the structure is erected, not upon ... the ground, but upon a wagon and can be moved from place to ... place. On this point counsel relies chiefly upon the decision ... in Williamson v. State, 39 Tex. Cr. R. 60, 44 S.W ... 1107, 1108, 73 Am. St. Rep. 901, wherein a "header ... box" on wheels, designed to travel with a heading ... machine for the reception of headed grain, was held to be not ... a "house" within the meaning of the Texas statute ... There it is said by way ... ...
-
Davis v. State
...for the storage of cotton. Appellant cites Clark v. State, 56 Tex. Cr. R. 494, 120 S. W. 892, and Williamson v. State, 39 Tex. Cr. R. 60, 44 S. W. 1107, 73 Am. St. Rep, 901, in one of which we held a showcase not to be a house, and in the other we held a header box to be not a house. In eac......
-
Stoddard v. State, 15080.
...expresses the opinion that the structure was not a house, and cites in support of his conclusion Williamson v. State, 39 Tex. Cr. R. 60, 44 S. W. 1107, 73 Am. St. Rep. 901, 56 Tex. Cr. R. 494, and Clark v. State, 120 S. W. 892. In Williamson's Case the structure alleged to have been a house......
-
Smart v. State, 13160.
...must conform to the averment that the house was entered is supported by many precedents of this state. See Williamson v. State, 39 Tex. Cr. R. 60, 44 S. W. 1107, 73 Am. St. Rep. 901; Anderson v. State, 17 Tex. App. 306; Bigham v. State, 31 Tex. Cr. R. 244, 20 S. W. 577; Willis v. State, 33 ......