Day v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the structure itself must be of an enclosed character. A structure that is merely enclosed by something else would not for that reason alone be an enclosed structure [i.e., a building] under the statute.”
• “enclosed structure” under Texas Penal Code Section 30.01(2) does not “include…open carports with walls on both sides but none on the ends”
• \This Court must do its duty to insure that changes in the law effected by enactment of the new [Texas Penal] Code are not rendered meaningless by judicial construction that merely reinstates the old Code.\
• structure with no doors or locks not a \building\ for burglary statute
• structure with no doors or locks not a `building' for burglary statute

Source: CourtListener parenthetical corpus (CC0).

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

• Mosley v. State
  Court of Criminal Appeals of Texas· 1977-01-12· cited 69×
• Ellett v. State
  Court of Criminal Appeals of Texas· 1980-11-12· cited 61×
• Cover v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1995-06-30· cited 40×
• Carbide International, Ltd. v. State
  Court of Appeals of Texas· 1985-06-19· cited 27×
• Luckett v. State
  Court of Criminal Appeals of Texas· 1979-09-19· cited 26×
• Waddell v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1996-03-13· cited 18×
• Leake v. Campbell
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2011-08-31· cited 15×
• Ross v. State
  Court of Appeals of Texas· 1991-02-20· cited 12×
• Lopez v. State
  Tex. App. Ct., 13th Dist.· 1984-03-21· cited 10×
• Villarreal v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1982-12-22· cited 9×
• Morales v. State
  Court of Appeals of Texas· 1997-05-29· cited 9×
• People v. Chavez
  California Court of Appeal· 2012-05-11· cited 7×
• Satterfield v. Texas Department of Public Safety
  Tex. App. Ct., 9th Dist. (Beaumont)· 2007-04-19· cited 6×
• Gilliam v. State
  Court of Appeals of Texas· 1988-02-18· cited 6×
• Craner v. State
  Court of Appeals of Texas· 1989-09-12· cited 6×
• Spencer v. State
  Court of Appeals of Texas· 1990-04-30· cited 6×
• Hudson v. State
  Court of Appeals of Texas· 1987-05-20· cited 5×
• St. Julian v. State
  Court of Appeals of Texas· 1993-03-18· cited 4×
• Molenda v. State
  Court of Appeals of Texas· 1984-02-29· cited 2×
• Williams v. State
  Court of Appeals of Texas· 1982-09-30· cited 1×

Cites

1 case in this archive is cited by this case.

• Anthony v. State
  Court of Criminal Appeals of Texas· 1947-11-19· cited 7×