Garner v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Colorado. Tried below before Hon. Geo. McCormick. Appellant was tried and convicted and given two years in the penitentiary under an indictment which charged him with burglary by a discharge of firearms into a house, with intent to kill and murder. The only question on appeal was as to the sufficiency of the indictment.
1Opinion of the Court
DAVIDSON, Judge.
Omitting formal parts, the indictment charges that “ Tom Garner, on the 24th day of August, A. D. 1889, in the county and State aforesaid, did in the nighttime commit the offense of burglary, by then and there discharging firearms, to-wit, a pistol, into the house of John Burton, with the intent then and there of committing a felony, to-wit, he, the said Garner, did then and there, with malice aforethought, discharge said pistol into said house with the intent then and there to kill and murder John Burton, Oliver Williams, Eddie Woods, Wilson White, and Vina Tutson, the said…
2Cited by8 opinions
- Williams v. StateCourt of Criminal Appeals of Texas · 1974
- Bradford v. StateCourt of Criminal Appeals of Texas · 1911
- Broner v. StateCourt of Criminal Appeals of Texas · 1947
- Miller v. StateCourt of Criminal Appeals of Texas · 1917
- Reyes v. StateCourt of Criminal Appeals of Texas · 1924
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