Wilcox v. State

Citations

• 31 Tex. 586

Syllabus

<p>Article 734 of the Penal Code reads as follows: “If a house be entered in such manner as that the entry comes within the definition of burglary, and the person guilty of such burglary shall, after so entering, commit theft, or any other offense, he shall be punished for burglary, and also for whatever other offense is so committed.” (Paschal’s Dig., Art. 2370.) An indictment which stated that the defendant broke and entered, &c., with intent to commit a larceny, is not bad for duplicity.</p> <p>To charge that the defendant entered the house of one person and stole the goods of another is not bad for duplicity.</p> <p>It is sufficient to charge that the Christian name is unknown. •</p> <p>The defendant cannot he heard after arraignment to aver that he is not indicted by his true name. (Paschal’s Dig., Art. 2937.)</p> <p>A motion for a new trial must be disposed of at the term at which it was made. (Paschal’s Dig., Art. 1473, Note 569.)</p>