Legal Opinion

Kirby v. State

Court of Appeals of Texas

Decided January 29, 1887No. 2109PublishedCited by 11 opinions

Appeal from the District Court of Jones. Tried below before the Hon. J. V. Cockrell. The indictment in this case charged that the appellant, on August 31, 1886, did, of his malice aforethought, kill William Glazner, by striking and beating him with a bar of iron. The jury found him guilty of murder in the second degree, and awarded him a term of twenty-three years in the penitentiary."

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Appeal from the District Court of Jones. Tried below before the Hon. J. V. Cockrell. The indictment in this case charged that the appellant, on August 31, 1886, did, of his malice aforethought, kill William Glazner, by striking and beating him with a bar of iron. The jury found him guilty of murder in the second degree, and awarded him a term of twenty-three years in the penitentiary." Doctors Andrews and Hollis, for the State, testified that they were physicians and surgeons, and, on the night of August 31, 1886, examined W. Glazner within a few minutes after he received the blows which…

1Opinion of the Court

White, Presiding Judge.

Whilst, by the indictment, appellant was charged directly with the murder of William Glazner, it is made to appear by the proofs that the wounds which caused the death were inflicted by the hand of one Add. Cannon alone, and that appellant’s guilt, if at all guilty, depended upon the existence at the time of a conspiracy between Cannon, one Brown and appellant, to effect their escape from the jail of Jones county, in which they were all confined—Cannon’s act *18being claimed to be in furtherance of said conspiracy. In many of its features the case is quite similar to that…

2Cases cited5 opinions

  1. Philips v. . MacKellarNew York Court of Appeals · 1883
  2. Ring v. StateTexas Supreme Court · 1874
  3. Tullis v. StateTexas Supreme Court · 1874
  4. Corn v. StateTexas Supreme Court · 1874
  5. Stone v. DorsettTexas Supreme Court · 1857

3Cited by11 opinions

  1. Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. Mayfield v. StateCourt of Criminal Appeals of Texas · 1986
  3. Forbes v. StateCourt of Criminal Appeals of Texas · 1974
  4. State v. FurneySupreme Court of Kansas · 1889
  5. Russell v. StateCourt of Criminal Appeals of Texas · 1980

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