Russell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Eastland. Tried below .before Hon. T. H. Conner. Appeal from a conviction for burglary; penalty, eight years’ imprisonment in the penitentiary. The indictment charged appellant with burglary, by shooting and discharging firearms into a house at night, with intent, of his malice aforethought to kill and murder J. M. Groves, Emma Garrett, G. W. Garrett and Annie Nichols.
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Appeal from the District Court of Eastland. Tried below .before Hon. T. H. Conner. Appeal from a conviction for burglary; penalty, eight years’ imprisonment in the penitentiary. The indictment charged appellant with burglary, by shooting and discharging firearms into a house at night, with intent, of his malice aforethought to kill and murder J. M. Groves, Emma Garrett, G. W. Garrett and Annie Nichols. It appears that appellant was in' love with Miss Emma Garrett, and had been engaged to her. For some reason, whether from a want of affection for appellant or on account of persuasion of her…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of burglary and his punishment assessed at eight years in the penitentiary; hence this appeal. The burglary was charged to have been by shooting into a house with intent on the part of the appellant, of his malice aforethought, to kill and murder certain parties therein named. The evidence is entirely circumstantial. The theory of the State was that the defendant did the shooting in order to murder one J. M. Groves, the uncle of Miss Emma Garrett, and G. W. Garrett, her father, because they opposed the marriage of Miss Emma Garrett to appellant, and…
2Cited by15 opinions
- Reynolds v. StateCourt of Criminal Appeals of Texas · 1977
- Harris v. StateWyoming Supreme Court · 1916
- Moore v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Kelley v. StateCourt of Criminal Appeals of Texas · 1901
- Martinez v. StateCourt of Criminal Appeals of Texas · 1973
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