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Gaines v. the State

Court of Criminal Appeals of Texas
Jun 8, 1921
231 S.W. 1097 (Tex. Crim. App. 1921)

Summary

In Gaines v. State (1921), 191 Ind. 262, 132 N.E. 580, appellant was charged with the crime of burglary by breaking and entering into the dwelling house of Andrew Heilman. This court there held that there was no evidence independent of appellant's confession tending to show that a burglary was committed by breaking into the house of Andrew Heilman, and the case was reversed for failure to prove the corpus delicti.

Summary of this case from Brown v. State

Opinion

No. 6283.

Decided June 8, 1921.

Murder — Escape — Practice on Appeal.

Where it was shown on appeal from a conviction of murder, by proper affidavit of the officers, that the appellant had made his escape and had not returned to custody, the appeal will be dismissed.

Appeal from the District Court of Stephens. Tried below before the Honorable W.R. Ely.

Appeal from a conviction of murder; penalty, five years' imprisonment in the penitentiary.

The opinion states the case.

No brief on file for appellant.

R.H. Hamilton, Assistant Attorney General, for the State.


Conviction is for murder; punishment fixed at confinement in the penitentiary for a period of five years.

Charging that the appellant has made his escape and has not returned to custody, the Assistant Attorney General moves that the appeal be dismissed. Accompanying the motion are affidavits of the Sheriff of Stephens County, in which the fact charged is made to appear.

In accord with the statute, Article 912 of the Penal Code, the appeal is dismissed.

Dismissed.


Summaries of

Gaines v. the State

Court of Criminal Appeals of Texas
Jun 8, 1921
231 S.W. 1097 (Tex. Crim. App. 1921)

In Gaines v. State (1921), 191 Ind. 262, 132 N.E. 580, appellant was charged with the crime of burglary by breaking and entering into the dwelling house of Andrew Heilman. This court there held that there was no evidence independent of appellant's confession tending to show that a burglary was committed by breaking into the house of Andrew Heilman, and the case was reversed for failure to prove the corpus delicti.

Summary of this case from Brown v. State

In Gaines v. State (1921), 191 Ind. 262, 132 N.E. 580, the dwelling house, or place of residence, was similarly referred to in terms of "the building broken and entered * * *". (emphasis supplied) 191 Ind. at 265, 132 N.E. 580, quoting Bell v. State (1866), 20 Wis. 630.

Summary of this case from Burgett v. State
Case details for

Gaines v. the State

Case Details

Full title:HARRY GAINES v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Jun 8, 1921

Citations

231 S.W. 1097 (Tex. Crim. App. 1921)
231 S.W. 1097

Citing Cases

Simmons v. State

"The rule seems to be well established generally that an extra-judicial confession will not be admitted in…

Carrier v. State

"The word `dwelling' imports a human habitation." Gaines v. State (1921), 191 Ind. 262, 265, 132 N.E. 580.…