Burt v. State
Court of Criminal Appeals of Texas
The indictment in this case charged appellant with the murder of Anna M. Burt, his wife, on the 24th day of July, 1896. There were also two other indictments charging him with the murder of his two little girl children, aged 4 and 2 years. The following statement of the case, which is substantially correct, is taken from appellant’s brief: On the night of the 24th day of July, 1896, the parties deceased disappeared between 9 o’clock and daylight.
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The indictment in this case charged appellant with the murder of Anna M. Burt, his wife, on the 24th day of July, 1896. There were also two other indictments charging him with the murder of his two little girl children, aged 4 and 2 years. The following statement of the case, which is substantially correct, is taken from appellant’s brief: On the night of the 24th day of July, 1896, the parties deceased disappeared between 9 o’clock and daylight. The appellant was about the house the whole of the next day, had various dealings with divers persons, and then took the train at about 11:40…
1Opinion of the Court
W.E. Burt was convicted in the District Court of Travis County of murder in the first degree, the jury assessing his punishment at death. The evidence in this case, though circumstantial, establishes beyond all controversy that appellant killed his wife and two little children. This being the case, under the circumstances attending the homicide, he was evidently guilty of murder of the highest degree, if sane. The defense was insanity.
First error assigned: It appears that counsel for the State submitted to the expert, Dr. Wooten, a hypothetical case, and then asked his opinion as to the…
2Cases cited10 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- Goodwin v. StateIndiana Supreme Court · 1883
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Stearns v. . FieldNew York Court of Appeals · 1882
- The People v. . LakeNew York Court of Appeals · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Vanderbilt v. StateCourt of Criminal Appeals of Texas · 1981
- Brandon v. StateCourt of Criminal Appeals of Texas · 1980
- Peek v. StateCourt of Criminal Appeals of Texas · 2003
- Gephart v. StateCourt of Criminal Appeals of Texas · 1952
- George v. StateSupreme Court of Alabama · 1941
67 more not listed; retrieve them via the Exa API.