Rupe v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of A. T. Randall on the 13th day of September, 1898, by administering to him poisons, to wit, morphine and chloral, and that said poisons were administered in order to enable defendant to steal money from the person of the said A. T. Randall.
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The indictment charged appellant with the murder of A. T. Randall on the 13th day of September, 1898, by administering to him poisons, to wit, morphine and chloral, and that said poisons were administered in order to enable defendant to steal money from the person of the said A. T. Randall. The respective theories, both of the State and the appellant, will be fully seen from the following statements made in appellant’s brief: “About the 1st of December, 1898, the father of appellant became, the proprietor of a small beer saloon, known as the Rock Saloon, situated a few blocks south of the…
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 prosecutes this appeal.
The indictment contained five counts. The conviction, however, was applied to the fifth count, so it will only be necessary to notice the points arising under said count. The theory of the State, which was supported by evidence, was that appellant and one Bob Coleman, acting together, poisoned deceased, A. T. Randall, by giving him morphine and chloral (one or both) in beer, which caused his death, and that this was done…
2Cases cited5 opinions
- State v. WagnerSupreme Court of Missouri · 1883
- Clark v. StateCourt of Criminal Appeals of Texas · 1897
- State v. WellsSupreme Court of Iowa · 1883
- Hedrick v. StateCourt of Criminal Appeals of Texas · 1899
- Remington v. NobleSupreme Court of Connecticut · 1849
3Cited by4 opinions
- State v. JohnsonSupreme Court of North Carolina · 1986
- State v. GavleSupreme Court of Minnesota · 1951
- Rodgers v. StateCourt of Criminal Appeals of Texas · 1922
- Jones v. StateCourt of Criminal Appeals of Texas · 1906