Railey v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that the defendant and the alleged injured party were neighbors; that they lived in the suburbs of the city of Houston; that on the day of the difficulty, in the afternoon, defendant’s wife drove up in a buggy near the fence of the prosecuting witness to hitch her horse; that the prosecuting witness approached her to collect a bill of $5 which defendant owed him as the balance due on some buggy wheels, which he had sold defendant some time…
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The State’s testimony showed that the defendant and the alleged injured party were neighbors; that they lived in the suburbs of the city of Houston; that on the day of the difficulty, in the afternoon, defendant’s wife drove up in a buggy near the fence of the prosecuting witness to hitch her horse; that the prosecuting witness approached her to collect a bill of $5 which defendant owed him as the balance due on some buggy wheels, which he had sold defendant some time before; that defendant’s wife handed him a dollar, and that thereupon prosecutor asked for the other $4; that she replied that…
1Opinion of the Court
Appellant was convicted of burglary, and his punishment assessed at two years confinement in the penitentiary.
The indictment contains two counts. The first charges burglary by shooting a gun into the dwelling house of Charles Schmidt with intent to injure Charles Schmidt; and the second count charges burglary in that said appellant did break and enter with intent to commit a felony in this: That he, the said T.L. Railey, did then and there discharge firearms, to wit, a gun, into the said dwelling house of the said Charles Schmidt, with the intent then and thereby to unlawfully kill and murder…
2Cited by14 opinions
- Norwood v. StateCourt of Criminal Appeals of Texas · 1938
- Williams v. StateCourt of Criminal Appeals of Texas · 1974
- Tro v. StateCourt of Criminal Appeals of Texas · 1925
- Shackelford v. StateCourt of Criminal Appeals of Texas · 1918
- Moore v. StateCourt of Criminal Appeals of Texas · 1917
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