Turner v. State

Citations

• 22 Tex. Ct. App. 42
• 2 S.W. 619
• 1886 Tex. Crim. App. LEXIS 223

Syllabus

<p>1. Indictment.—Burglary and Theft may be charged in. the same indictment and in the same count.</p> <p>'3. Same—Charge of the Court—Judgment—Verdict.—The indictment in this ease charged burglary and theft in a single count. The trial court charged the jury upon the issue of burglary only, and the jury found a general verdict against the defendant, upon which the court adjudged him guilty of burglary. Held that, the verdict conforming to the indictment and the charge of the court, and the judgment and sentence conforming to the verdict, the conviction for burglary alone is sufficient and will operate to bar any further prosecution for the theft charged in the indictment.</p> <p>3. Same—Statement of Facts—Diligence.—See the opinion in extenso for a showing of diligence to procure a statement of facts held to be insufficient.</p>