Legal Opinion

Barry v. State

Court of Criminal Appeals of Texas

Decided March 17, 1897No. 1167PublishedCited by 7 opinions

The indictment charged appellant with the murder of one Tim Healey, in Tarrant County, on the 16th day of Septemb^fc(1895, by shooting him with a gun and pistol. Appellant and deceased were brothers-in-law, having married sisters. They lived in adjoining houses, and on the same lot with Mrs. Ford, "their mother-in-law. There were no fences dividing their premises.

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The indictment charged appellant with the murder of one Tim Healey, in Tarrant County, on the 16th day of Septemb^fc(1895, by shooting him with a gun and pistol. Appellant and deceased were brothers-in-law, having married sisters. They lived in adjoining houses, and on the same lot with Mrs. Ford, "their mother-in-law. There were no fences dividing their premises. The testimony, as to the origin of the difficulty, presents two theories, i. e.: that defendant owed deceased a board bill and deceased had threatened he would kill him if he did not pay it; and defendant killed him on account of…

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 the term of his natural life; hence this appeal. With regard to appellant’s first bill of exceptions, we do not believe that it is well taken. The witness, Dennis Ford, was placed on the stand by the defendant, and, although defendant may not have asked him anything about where he was at the time of the difficulty, yet on cross-examination we believe it was competent for the State to show by him where he was at the time the shooting occurred. There is…

2Cited by7 opinions

  1. Dugan v. StateCourt of Criminal Appeals of Texas · 1917
  2. Upton v. StateCourt of Criminal Appeals of Texas · 1929
  3. Owens v. StateCourt of Criminal Appeals of Texas · 1901
  4. Jacobs v. StateCourt of Criminal Appeals of Texas · 1900
  5. Turner v. StateAlabama Court of Appeals · 1931

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