Legal Opinion

Newberry v. State

Court of Criminal Appeals of Texas

Decided May 13, 1893No. 133PublishedCited by 4 opinions

The indictment in this case charged that appellant, “ Mary Newberry, did, on the 14th day of July, 1891, with malice aforethought, kill Irvin Clifford Newberry, by cutting the throat of the said Irvin Clifford New-berry,” etc. At the trial, she was found guilty of murder in the first degree, with punishment assessed at a life term in the penitentiary. The defense was insanity.

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The indictment in this case charged that appellant, “ Mary Newberry, did, on the 14th day of July, 1891, with malice aforethought, kill Irvin Clifford Newberry, by cutting the throat of the said Irvin Clifford New-berry,” etc. At the trial, she was found guilty of murder in the first degree, with punishment assessed at a life term in the penitentiary. The defense was insanity. She was the grandmother of the murdered boy, Irvin Clifford Newberry, who was three years of age, and also of Della May Newberry, age seven years, and Nora Newberry, age five years, they being the children of her son,…

1Per curiam

Appellant, the grandmother, over 60 years of age, was convicted of the murder of her 3-year old grandson, and given a life term punishment in the penitentiary. At the same time and place the two sisters of deceased were also killed. Their ages were, respectively, 7 and 5 years. The children were taken from their beds at night, out into the yard, and their throats cut “from ear to ear.” The grandmother and children lived alone, and were devotedly attached to each other. Several questions of more or less magnitude are urged for reversal of the judgment, but under the view taken of the case, we…

2Cited by4 opinions

  1. Norwood v. StateCourt of Criminal Appeals of Texas · 1933
  2. Bolt v. StateCourt of Criminal Appeals of Texas · 1929
  3. Taylor v. StateCourt of Criminal Appeals of Texas · 1930
  4. Taylor v. StateCourt of Criminal Appeals of Texas · 1924

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