Kelley v. State
Court of Criminal Appeals of Texas
On a trial upon an indictment charging him with burglary with intent to commit theft, defendant was found guilty in the court below, and his penalty assessed at two years in the penitentiary.
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On a trial upon an indictment charging him with burglary with intent to commit theft, defendant was found guilty in the court below, and his penalty assessed at two years in the penitentiary. The testimony, in substance, as it appears in the record, is as follows: Willie Helm, for the State: Am the son of Roe Helm, who was running a saloon in Rhome, Wise County, Texas, in July, 1892. On the night of July 6 I was stopping at the depot, about thirty yards from the saloon, with young Mr. Whiteside. We heard glass breaking in the rear of the saloon, and going immediately around behind the saloon,…
1Opinion of the Court
SIMKINS, Judge.
Defendant was convicted of burglarizing a saloon at night, and taking from thence some bottles of beer. The defense was delirium tremens and drunkenness.
The court charged on this defense as follows: “You are charged that intoxication produced by the voluntary recent use of ardent spirits constitutes no excuse for the commission of a crime. However, in this case, if you find and believe that the mind of the defendant, at the time he entered said house, was in such a condition from drunkenness, or from insanity produced by the use of ardent spirits, that he (the defendant) could…
2Cases cited1 opinion
- United States v. DrewU.S. Circuit Court for the District of Massachusetts · 1828
3Cited by12 opinions
- Christian v. StateCourt of Criminal Appeals of Texas · 1913
- Jones v. StateCourt of Criminal Appeals of Texas · 1911
- Coker v. StateCourt of Criminal Appeals of Texas · 1913
- Indemnity Ins. Co. of North America v. ScottTexas Commission of Appeals · 1927
- Hardgraves v. StateCourt of Criminal Appeals of Texas · 1911
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