Legal Opinion

Faulkner v. State

Court of Criminal Appeals of Texas

Decided December 4, 1901No. 2465PublishedCited by 32 opinions

The indictment contained seven counts charging defendant alone, and as a principal aiding and encouraging and abetting John Chapman, W. M. Beuner, Will Pruitt, and Drew Pruitt, with the murder of C. P. Bane, on the 3d day of December, 1900; by burning him to death with fire, and by destroying his life by pouring turpentine over his clothing and setting him on fire, and thereby causing his death.

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The indictment contained seven counts charging defendant alone, and as a principal aiding and encouraging and abetting John Chapman, W. M. Beuner, Will Pruitt, and Drew Pruitt, with the murder of C. P. Bane, on the 3d day of December, 1900; by burning him to death with fire, and by destroying his life by pouring turpentine over his clothing and setting him on fire, and thereby causing his death. The opinion contains a very clear though concise statement of the material facts attendant upon the murder as shown by the record, and no further statement is required. The errors discussed in the…

1Opinion of the Court

HEHDEESOH, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at death.

The facts of the case show that between 11 and 12 o’clock on the night of December 3, 1900, deceased, C. P. Bane, was in the saloon of Chapman & Eaulkner, situated on the southeast corner of Elm and Preston streets, in the city of Dallas. He was in an intoxicated condition. At the particular time he was in .the rear room of said saloon, which was partially cut ofi by a screen from the front room, where the bar was situated. He was sitting by a stove, in a bent position, evidently…

2Cases cited4 opinions

  1. Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
  2. Gallaher v. StateCourt of Criminal Appeals of Texas · 1899
  3. Leslie v. StateCourt of Criminal Appeals of Texas · 1900
  4. Red v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by32 opinions

  1. Conrado Vela v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
  2. Henley v. StateCourt of Criminal Appeals of Texas · 1978
  3. Mayfield v. StateCourt of Criminal Appeals of Texas · 1986
  4. Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
  5. Vela v. StateCourt of Criminal Appeals of Texas · 1974

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