Marquis v. Benfer

W. O. MURRAY, Chief Justice.

This is a spring gun or mantrap case. A. R. Marquis, appellant herein, was the owner of a tract of land, upon which he had his home, located about twenty-five miles south of Tilden in McMullen County. He wasr often away from home, and during his absence thieves would break into the house and steal his property. He reported these instances to the sheriff of the county, but it had not been possible to apprehend the culprits. In July, 1954, Marquis found it necessary to be away from home, so he set a spring gun inside his house and pointed it in the direction of the…