Mootry and Rolly v. State
Court of Criminal Appeals of Texas
The appellants were jointly indicted for murder of one Andrew Prikryl, in Williamson County, by shooting him with a pistol and gun on the 8th day of May, 1895. They were jointly tried, and the verdict and judgment convicted them of murder in the first degree, with the punishment of each assessed at death.
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The appellants were jointly indicted for murder of one Andrew Prikryl, in Williamson County, by shooting him with a pistol and gun on the 8th day of May, 1895. They were jointly tried, and the verdict and judgment convicted them of murder in the first degree, with the punishment of each assessed at death. The verdict of the jury was: “We, the jury, find the defendants, Mat Mootry and Albert Roily, guilty of murder in the first degree, as charged in the indictment, and assess their punishment at death.” There is no statement of facts in the record. The twenty-second paragraph of the charge of…
1Opinion of the Court
HENDERSON, Judge.
The appellants in this case were tried under an indictment charging them with murder; were convicted of murder in the first degree, and their punishment assessed at death; and from the judgment of the lower court they prosecute this appeal. There is no statement of facts in the record in this case, but appellants rely exclusively on the bills of exception taken by them to the charge of the court, and to the verdict of the jury, as returned by the jury. The appellants, in the first bill of exception, insist that the court erred in its charge to the^ jury, in that, as suggested…
2Cases cited1 opinion
- State v. RyanSupreme Court of Minnesota · 1868
3Cited by13 opinions
- Conger v. StateCourt of Criminal Appeals of Texas · 1911
- Brown v. StateCourt of Criminal Appeals of Texas · 1909
- Davis v. StateAlabama Court of Appeals · 1913
- Walker v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Harris v. StateCourt of Criminal Appeals of Texas · 1912
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