47 S.W. 654


TERRY
v.
STATE.


Court of Criminal Appeals of Texas.
November 9, 1898.

        Appeal from district court, Freestone county; L. B. Cobb, Judge.

        Oscar Terry was convicted of burglary, and appeals. Affirmed.

        Mann Trice, for the State.

        HENDERSON, J.

        Appellant was convicted of burglary, and his punishment assessed at confinement in 
the penitentiary for a term of two years; hence this appeal.

        On the trial the defendant objected to the testimony of Otis Bryant, on the ground 
that same was not pertinent as against him; that it did not in any wise tend to show his 
connection

Page 655

with the alleged burglary. The testimony of Bryant tended to show the identity of a pistol 
taken from the house alleged to have been burglarized, and found in the possession of one 
of the defendants. We think said testimony was pertinent, as tending to establish the 
burglary and theft, and also to identify the party who committed said burglary.

        There is no bill of exceptions to the admission of the testimony in regard to the 
snuff, and consequently we cannot notice what is said in the motion for a new trial or in 
the assignment of errors in this respect.

        We have examined the record carefully, and in our opinion the evidence supports the 
verdict. The charge of the court was fair and impartial, covering all the issues in the case. 
The judgment is affirmed.

        HURT, P. J., absent.