Gay v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of H. C. Lindeman, on the 25th of August, 1897. It contained four counts. The first charged the killing by shooting with a gun; the second by cutting with a knife;. the third, by burning with fire, and the fourth, in some way and manner and by some means, instrument, and weapons to the grand jurors unknown. The conviction was had upon the last count. The opinion states the facts of the case as established by the evidence.
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The indictment charged appellant with the murder of H. C. Lindeman, on the 25th of August, 1897. It contained four counts. The first charged the killing by shooting with a gun; the second by cutting with a knife;. the third, by burning with fire, and the fourth, in some way and manner and by some means, instrument, and weapons to the grand jurors unknown. The conviction was had upon the last count. The opinion states the facts of the case as established by the evidence. Errors complained of and discussed, are fully set forth below in the briefs of counsel.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life, and he appeals.
The facts connected with the case, briefly stated, are these: Appellant’s mother lived in Hays County, some twelve or fourteen miles from Kyle, in a brushy, mountainous region of said county, west of Kyle. She had a little farm and pasture; and with her lived her sons, Leonard and Clay, and a daughter, and at times appellant, another son, stopped with her, but generally he was away from home, in the cattle business. Her nearest…
2Cases cited8 opinions
- State v. DavidsonSupreme Court of Vermont · 1858
- State v. . WilliamsSupreme Court of North Carolina · 1860
- Isaacs v. StateCourt of Criminal Appeals of Texas · 1896
- McCulloch v. StateIndiana Supreme Court · 1874
- Taylor v. StateTexas Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Kennedy v. StateCourt of Criminal Appeals of Texas · 1947
- Connell v. StateCourt of Criminal Appeals of Texas · 1903
- Smith v. StateCourt of Criminal Appeals of Texas · 1921
- Gay v. StateCourt of Criminal Appeals of Texas · 1901
6 more not listed; retrieve them via the Exa API.