Legal Opinion

Brooks v. State

Court of Criminal Appeals of Texas

Decided December 19, 1900No. 2260PublishedCited by 8 opinions

The indictment charged appellant F. A. Brooks and A. B. Brooks, and Maggie Bose with the murder of an unknown man (a description of whom is given) on the 30th of May, 1899, by mingling and causing to be mingled with beer certain poisons, to wit, laudanum, morphine, and opium, with intent to kill and murder said person; they well knowing that said hpman being would drink and swallow said poisoned beer, etc.

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The indictment charged appellant F. A. Brooks and A. B. Brooks, and Maggie Bose with the murder of an unknown man (a description of whom is given) on the 30th of May, 1899, by mingling and causing to be mingled with beer certain poisons, to wit, laudanum, morphine, and opium, with intent to kill and murder said person; they well knowing that said hpman being would drink and swallow said poisoned beer, etc. At January term, 1900, a severance was granted upon request of F. A. Brooks, and the other two agreeing thereto he was placed on trial alone, and a judgment of conviction had, which was…

1Opinion of the Court

DAVIDSON, Peesiding Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life.

Upon the former trial severance was had at the request of the parties, there being three indicted, and appellant placd upon trial, and the case dismissed as to codefendant Maggie Rose. When the case was called for trial, resulting in this conviction, another motion was made for severance, supported by an affidavit to the effect that it was believed there was not sufficient testimony against codefendant A. B. Brooks to - justify his…

2Cited by8 opinions

  1. Middleton v. StateCourt of Criminal Appeals of Texas · 1930
  2. Essery v. StateCourt of Criminal Appeals of Texas · 1913
  3. Lyles v. StateCourt of Criminal Appeals of Texas · 1905
  4. Sanchez and Gamboa v. StateCourt of Criminal Appeals of Texas · 1913
  5. Odneal v. StateCourt of Criminal Appeals of Texas · 1931

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