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Jones v. State

Court of Criminal Appeals of Texas
Mar 21, 1934
69 S.W.2d 773 (Tex. Crim. App. 1934)

Opinion

No. 16534.

Delivered March 21, 1934.

Burglary — Suspended Sentence — Defendant's General Reputation.

In prosecution for burglary, where defendant filed an application for a suspended sentence, it was proper for state to show that defendant's general reputation in the community in which he resided for being peaceable and law-abiding citizen was bad.

Appeal from the District Court of Floyd County. Tried below before the Hon. Kenneth Bain, Judge.

Appeal from conviction for burglary; penalty, confinement in the penitentiary for four years.

Affirmed.

The opinion states the case.

H. D. Payne, of Floydada, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


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.


Summaries of

Jones v. State

Court of Criminal Appeals of Texas
Mar 21, 1934
69 S.W.2d 773 (Tex. Crim. App. 1934)
Case details for

Jones v. State

Case Details

Full title:FRED JONES v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Mar 21, 1934

Citations

69 S.W.2d 773 (Tex. Crim. App. 1934)
69 S.W.2d 773

Citing Cases

Taylor v. State

The argument must be appraised in the light of this objection. When appellant filed her application for a…

Scarber v. State

This is in accord with the general rule. See Jones v. State, 125 Tex.Crim. 616, 69 S.W.2d 773 and Williams v.…