Boddy v. State
Court of Appeals of Texas
Appeal from the District Court of Kinney. Tried below before the Hon. T. M. Paschal. Upon an indictment charging the appellant with the murder of Charles Burns, by shooting him with a pistol, on December 31, 1882, the appellant was found guilty of murder in the second degree, and a term of fifteen years in the penitentiary was assessed as his punishment.
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Appeal from the District Court of Kinney. Tried below before the Hon. T. M. Paschal. Upon an indictment charging the appellant with the murder of Charles Burns, by shooting him with a pistol, on December 31, 1882, the appellant was found guilty of murder in the second degree, and a term of fifteen years in the penitentiary was assessed as his punishment. The homicide occurred at Port Clark, a military post of the United States, located close to the town of Brackett, the county seat of Kinney county. The parties to the homicide, and the witnesses to the attendant circumstances, appear to have…
1Opinion of the Court
Hurt, Judge.
This is a conviction for murder in the second degree, the punishment being assessed at fifteen years confinement in the penitentiary.
Charles Burns, the deceased, was shot and killed by appellant at the house of one Thomas Jefferson, on the morning of the thirtieth-first-day of December, 1882. The persons present at the homicide were John Brown, Thomas Jefferson and the defendant.
John Brown testified, among other things, as follows: “I and Mr. Jefferson were standing by the stove about seven o’clock in the morning, when defendant came in where we were. I noticed that defendant had…
2Cases cited4 opinions
- Burrell v. StateTexas Supreme Court · 1857
- O'Connell v. StateTexas Supreme Court · 1857
- Marshall v. StateTexas Supreme Court · 1874
- Lopez v. StateTexas Supreme Court · 1874