Gallaher v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below before Hon. E. D. Cavin. Appeal from a conviction for murder in the first degree; penalty, death. The indictment charged appellant with the murder of Kate H. Gallaher, on the lath day of August, 1897, by cutting her with some sharp instrument, to the grand jurors unknown. Kate H. Gallaher, the murdered woman, was the mother of appellant.
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Appeal from the Criminal District Court of Galveston. Tried below before Hon. E. D. Cavin. Appeal from a conviction for murder in the first degree; penalty, death. The indictment charged appellant with the murder of Kate H. Gallaher, on the lath day of August, 1897, by cutting her with some sharp instrument, to the grand jurors unknown. Kate H. Gallaher, the murdered woman, was the mother of appellant. The record is quite voluminous, hut the opinion of the court, as found below, states concisely but sufficiently the leading facts in the case.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death.
The evidence for the State showed that appellant was the son of deceased, Mrs. Kate H. Gallaher, and that at the time of the homicide he and his mother were living together in a house in Galveston, alone; that on Saturday night, August 15, 1897, appellant entered deceased’s .room, and cut her throat with a razor. The corpse of deceased remained in the building all the next day, which was Sunday. On the following night appellant attempted to burn the house, and after several…
2Cases cited2 opinions
- Barth v. StateCourt of Criminal Appeals of Texas · 1898
- Shannon v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by26 opinions
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- State v. StormsSupreme Court of Iowa · 1901
- Parker v. StateCourt of Criminal Appeals of Texas · 1904
- Bingham v. StateCourt of Criminal Appeals of Texas · 1924
- Faulkner v. StateCourt of Criminal Appeals of Texas · 1901
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