Opinion

Trevino v. State

  • 158 Tex. Crim. 255
  • 254 S.W.2d 786
  • 1952 Tex. Crim. App. LEXIS 1400
Court
Court of Criminal Appeals of Texas
Filed
Dec 3, 1952
Status
Published
Author
Morrison
On the bench
Graves, Morrison
Cited by
7 cases

The opinion

ON MOTION FOR REHEARING.

MORRISON, Judge.

The same contentions are here presented as were raised in Trevino v. State, No. 26,065, this day decided (Page 252, this volume), reference to which is here made for a discussion of the law applicable to this case. In this case, we quote, in part from appellant’s confession:

“. . . myself and Jose Rocha both got out of my car and went up to the front door of the Catholic Church at Falls City, Texas, and we intended to take some money out of this church, and the front doors were closed, but were not locked, and myself and Jose Rocha opened the front door to this church and went inside of this church, and we looked for the money or collection box where the donations to the church are kept. . . .”

This, together with what we said in the companion case, disposes of appellant’s claim that he could not be guilty of burglary, because he, along with other members of the public, had consent to enter the church for the purpose of meditation and prayer.

Remaining convinced that we properly disposed of this cause originally, appellant’s motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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