
    (85 Tex. Cr. R. 433)
    HAYES v. STATE.
    (No. 5424.)
    (Court of Criminal Appeals of Texas.
    June 11, 1919.)
    1. Criminal Law <§=3518(2), 530 — Evidence — Unwritten Confession — Warning.
    Under Code Cr. Proc. 1911, art. 810, permitting confessions, unwritten and unwarned, where the facts stated aré found to be true- and conduce to establish guilt, in a .prosecution for burglary of a grocery store, evidence that various articles such as were kept in grocery stores were found in defendant’s possession, and that he stated part of them had come from the burglarized store, etc., held admissible in so far as it related to the burglary charged.
    2. Criminal Law <§=>982 — Suspended Sentence-Evidence.
    In a prosecution for burglary, evidence that there were found in defendant’s possession various articles such as are kept in grocery stores, and that he stated part had come from the burglarized store, in so far as relating to other burglaries committed by defendant held admissible as pertinent to the issues raised by his application for suspended sentence.
    Appeal from Criminal District Court, Dallas County; Robt. B. Seay, Judge.
    Samuel Hayes was convicted of burglary, and he appeals.
    Affirmed.
    E. A. Berry, Asst. Atty. Gen., for the State.
   MORROW, J.

Appellant was convicted of burglary of a store belonging to B. B. Hill.

The evidence fully supports the conviction. There are some bills of exception complaining of the receipt of evidence upon the ground that it established an extraneous crime and was in the nature of confessions without warning or verification as required by the statute. The evidence referred to consisted of proof that there was found in possession of appellant various articles such as were kept in a grocery store, and that he stated part of them had come from the store of Hill, the injured party named in the indictment, and part of them from other places from which he had stolen them. In connection with this statement, he went with the officers to the store of Hill and there pointed out and segregated from the mass of groceries found in his possession those which he claimed to have gotten from Hill’s store; also, in connection therewith, pointed out the place in'the store from which he took them. This testimony, so far as it related to the burglary under investigation, we think was authorized by article 810, G. G. P., which permits confessions unwritten and unwarned . where the facts or circumstances stated are found to be true and conduce to establish guilt. So far as it relates to other burglaries committed by him, it was pertinent to the issues raised by his application for suspended sentence. As explained by the trial court, none of the bills of exception present reversible error, and the judgment is affirmed. 
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