Railey v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that the defendant and the alleged injured party were neighbors; that they lived in the suburbs of the city of Houston; that on the day of the difficulty, in the afternoon, defendant’s wife drove up in a buggy near the fence of the prosecuting witness to hitch her horse; that the prosecuting witness approached her to collect a bill of $5 which defendant owed him as the balance due on some buggy wheels, which he had sold defendant some time…
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The State’s testimony showed that the defendant and the alleged injured party were neighbors; that they lived in the suburbs of the city of Houston; that on the day of the difficulty, in the afternoon, defendant’s wife drove up in a buggy near the fence of the prosecuting witness to hitch her horse; that the prosecuting witness approached her to collect a bill of $5 which defendant owed him as the balance due on some buggy wheels, which he had sold defendant some time before; that defendant’s wife handed him a dollar, and that thereupon prosecutor asked for the other $4; that she replied that…
1Dissent
I am of opinion motion for rehearing should be granted, and, therefore, respectfully enter my dissent to the affirmance of the judgment.
The attorneys in the case for appellant, Messrs. Fisher Allison, Brockman, Kahn Williams, and T.H. McGregor, have forcefully, clearly and ably presented the reasons why the affirmance should be set aside. After reviewing their argument I think their reasoning sound. Their conclusions are unanswerable, and present the questions involved so concisely, and in such logical manner, that it would be unnecessary even were I able to do so to add anything to what is…
2Cases cited3 opinions
- State v. WilliamsTexas Supreme Court · 1874
- Portwood v. StateTexas Supreme Court · 1867
- Wilburn v. StateTexas Supreme Court · 1874