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Jones v. StateJones v. State

Court of Criminal Appeals of Texas
Mar 21, 1934
No. 16534.
Reporters:
, ,
Before:
Christian
CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for four years.

The proof on the part of the ‍‌​‌​​‌‌​​​​‌​‌​​​​​‌‌‌‌​‌​​​​​​‌‌​‌​‌​‌​‌‌​‌​​​​​​‌‌​​​​‌‌​‌‌​​‌‌‌‌‌‌​​​​​​​‌‌‌​​‌‌‌​‌‌​‌‌‌‌‌‌‌​‍state was to the effect that appellant burglarized the place of business of Glad Snodgrass and took therefrom a quantity of merchandise.

Appellant entered a plea of guilty and filed his application for a suspended sentence. He placed on the ‍‌​‌​​‌‌​​​​‌​‌​​​​​‌‌‌‌​‌​​​​​​‌‌​‌​‌​‌​‌‌​‌​​​​​​‌‌​​​​‌‌​‌‌​​‌‌‌‌‌‌​​​​​​​‌‌‌​​‌‌‌​‌‌​‌‌‌‌‌‌‌​‍witness stand a number of witnesses, who testified that his general reputation for honesty and fair-dealing was good. Over appellant’s objection, the district attorney then questioned the witnesses concerning appellant’s general reputation in the community in which he lived ‍‌​‌​​‌‌​​​​‌​‌​​​​​‌‌‌‌​‌​​​​​​‌‌​‌​‌​‌​‌‌​‌​​​​​​‌‌​​​​‌‌​‌‌​​‌‌‌‌‌‌​​​​​​​‌‌‌​​‌‌‌​‌‌​‌‌‌‌‌‌‌​‍as to being a peaceable and law-abiding citizen. The question was proper. Appellant having filed an application for a suspended sentence, it was proper for the state to show that his general reputation in the community in which he ‍‌​‌​​‌‌​​​​‌​‌​​​​​‌‌‌‌​‌​​​​​​‌‌​‌​‌​‌​‌‌​‌​​​​​​‌‌​​​​‌‌​‌‌​​‌‌‌‌‌‌​​​​​​​‌‌‌​​‌‌‌​‌‌​‌‌‌‌‌‌‌​‍resided for being peaceable and law-abiding was bad. Moore v. State, 67 S. W. (2d) 610.

A careful examination of all of appellant’s contentions leads us to the conclusion that error is not presented.

The judgment is affirmed.

Affirmed.

The foregoing opinion of the ‍‌​‌​​‌‌​​​​‌​‌​​​​​‌‌‌‌​‌​​​​​​‌‌​‌​‌​‌​‌‌​‌​​​​​​‌‌​​​​‌‌​‌‌​​‌‌‌‌‌‌​​​​​​​‌‌‌​​‌‌‌​‌‌​‌‌‌‌‌‌‌​‍Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Case Details

Case Name: Jones v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Mar 21, 1934
Citations: 69 S.W.2d 773; 125 Tex. Crim. 616; 1934 Tex. Crim. App. LEXIS 207; No. 16534.
Docket Number: No. 16534.
Court Abbreviation: Tex. Crim. App.
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