Otto v. State
Court of Criminal Appeals of Texas
The State’s testimony shows that defendant, the deceased, Frank Obst, and one Mattis lived together in a boat house, which was owned by the defendant. That on the evening of the night of the killing he and Mattis had a difficulty. Defendant accused Mattis of stealing his money, which consisted of twenty dollar bills, and amounted to about $1000, and which he usually had in a leather purse next to his skin, suspended from the neck.
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The State’s testimony shows that defendant, the deceased, Frank Obst, and one Mattis lived together in a boat house, which was owned by the defendant. That on the evening of the night of the killing he and Mattis had a difficulty. Defendant accused Mattis of stealing his money, which consisted of twenty dollar bills, and amounted to about $1000, and which he usually had in a leather purse next to his skin, suspended from the neck. Mattis denied taking his money, and had been perfectly friendly with defendant, as was also deceased. Obst and other parties prevailed on defendant to desist from…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years.
The evidence tends to show that defendant was laboring under delirium tremens at the time of the homicide, superinduced by long continued dissipation, and was the user of narcotics of different character, which the medical experts testified did produce delirium tremens; and at the time of the homicide was laboring under said malady to such an extent that he did not know the nature and quality of the act, and did not know the…
2Cases cited4 opinions
- Cannon v. StateCourt of Criminal Appeals of Texas · 1900
- Edwards v. StateCourt of Criminal Appeals of Texas · 1897
- Simmons v. StateCourt of Criminal Appeals of Texas · 1892
- Merritt v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by5 opinions
- Anderson v. StateCourt of Criminal Appeals of Texas · 1912
- State v. MessnerWashington Supreme Court · 1906
- Moss v. StateCourt of Criminal Appeals of Texas · 1910
- Greenwood v. StateCourt of Criminal Appeals of Texas · 1919
- Robinson v. StateCourt of Criminal Appeals of Texas · 1917