Revised Edition of White's Penal Code, Embracing All Penal Legislation Down to and Including the Acts of the Fourth Called Session of the Thirty-First

Revised Edition of White's Penal Code, Embracing All Penal Legislation Down to and Including the Acts of the Fourth Called Session of the Thirty-First

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...to commit burglary, though the burglary be never committed. If a burglary and a conspiracy to commit burglary involve the same transaction, the two offenses of burglary and conspiracy to commit burglary may be carved out of the same transaction, and a conviction for the one will not bar a prosecution for the other. Whitford v.-St., 24 T. Cr. 489 (6 S. W. 537). B. Evidence. Vhere a. conspiracy to commit burglary has been shown, any fact or circumstance, which would tend to show that the coconspirator was present and participated in the burglary, is admissible against the defendant on trial. Mixon v. St., 36 T. Cr. 66 (35 S. W. 394). 4. Miscellaneous earlier cases. A. Allegation and proof. If a night-time burglary be alleged, a night-time burglary must be proved. Guynes v. St., 25 T. Cr. 584 (8 S. V. 667); Mace v. St., 9 T. Cr. 110. The mode of entry as alleged in the indictment, that is, whether by force alone, threats alone, or fraud alone, must be proved as alleged, and the evidence must be limited to such proof. Thus, if force alone be charged, the evidence must be confined to and the entrance shown to have been by force. Summers v, St., 9 T. Cr. 396; Sullivan v. St., 13 T. Cr. 462; Veeks v. St., 13 T. Cr. 46; Buntain v. St., 13 T. Cr. 485; Lott v. St., 17 T. Cr. 598. Vhere the indictment charged a burglary by breaking and entering, but did not charge that it was committed with either force, threats or fraud, nor whether it was committed in the day or nighttime; held, that such indictment was suflicient to support a conviction for burglary by day or night if the proof showed that the means used was force applied to the building; but if the burglary was in the day-time, no other force except such as was applied to the building would support a...show more

Product details

  • Paperback | 474 pages
  • 189 x 246 x 24mm | 839g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236647378
  • 9781236647375