Canister v. State
Court of Criminal Appeals of Texas
The appellant in this case claims that he had been informed by his brother and Joe Lindley and others, prior to the shooting of the witness Homer Barrett, that he, Homer Barrett, had been having carnal intercourse with the wife of the appellant, and that the appellant did not believe it, and did not act on the information so received, but watched the parties, and on the night of the shooting the appellant’s wife did not come back from church, as she had promised the…
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The appellant in this case claims that he had been informed by his brother and Joe Lindley and others, prior to the shooting of the witness Homer Barrett, that he, Homer Barrett, had been having carnal intercourse with the wife of the appellant, and that the appellant did not believe it, and did not act on the information so received, but watched the parties, and on the night of the shooting the appellant’s wife did not come back from church, as she had promised the appellant to do, when she left him at home sick in bed and went to church, and he believed that something was wrong and went out…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of assault with intent to murder,, and his punishment assessed at confinement in the penitentiary for a term of two years.
The evidence shows that on the night of the 16th of August, 1903, while prosecuting witness Homer Barrett was returning from church, in company with defendant’s wife and two other parties, defendant approached Barertt and shot at him twice as he ran away, wounding him in the. leg. The evidence for the defense shows that defendant had been informed by various parties that Barrett was intimate with his wife; that she with her sister…
2Cited by5 opinions
- People v. McDonaldAppellate Court of Illinois · 1965
- Rogers v. StateCourt of Criminal Appeals of Texas · 1912
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1915
- Dixon v. StateCourt of Criminal Appeals of Texas · 1926
- Redman v. StateCourt of Criminal Appeals of Texas · 1911