Legal Opinion

Gallegos v. State

Court of Criminal Appeals of Texas

Decided March 15, 1905No. 3214PublishedCited by 11 opinions

The testimony for the State showed that defendant, his brother and deceased were seen together at Seguin on the evening of the day that deceased was last seen alive. They were apparently friendly; although defendant or his brother made some allusion to deceased’s sister as follows: “You think because you have a sister that I have intentions toward her person,” and they acted as if they were a little mad. They were drinking together.

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The testimony for the State showed that defendant, his brother and deceased were seen together at Seguin on the evening of the day that deceased was last seen alive. They were apparently friendly; although defendant or his brother made some allusion to deceased’s sister as follows: “You think because you have a sister that I have intentions toward her person,” and they acted as if they were a little mad. They were drinking together. This was four days before the dead body of deceased was found in the river. The body was identified as that of deceased; it was all swollen and had a rock…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree; fifteen years in the penitentiary being fixed as the punishment.

The theory of the prosecution was, that appellant killed deceased on account of some previous troubles which were brought about on account of appellant’s intimate relations with the sister of deceased. This is the motive ascribed. The homicide was clearly proved to have been committed by some one. Appellant was connected with the killing by reason of a confession. Renes testified in regard to the confession: “Yes, I was there at the time the…

2Cases cited2 opinions

  1. Wisdom v. StateCourt of Criminal Appeals of Texas · 1901
  2. Attaway v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by11 opinions

  1. Garrett v. StateCourt of Criminal Appeals of Texas · 1982
  2. Anderson v. StateCourt of Criminal Appeals of Texas · 1908
  3. Link v. StateCourt of Criminal Appeals of Texas · 1914
  4. Harris v. StateCourt of Criminal Appeals of Texas · 1912
  5. Kearse v. StateCourt of Criminal Appeals of Texas · 1912

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