Barth v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Gillespie.' Tried below before Hon. W. M. Allison. Appeal from a conviction for murder in the first degree; penalty, death. The indictment charged appellant with the murder of his wife, Mrs. Johanna Barth, on the 9th of December, 1897, by shooting her with a gun.
Read the full summary
Appeal from the District Court of Gillespie.' Tried below before Hon. W. M. Allison. Appeal from a conviction for murder in the first degree; penalty, death. The indictment charged appellant with the murder of his wife, Mrs. Johanna Barth, on the 9th of December, 1897, by shooting her with a gun. Appellant and his wife were each about 74 years of age at the time of the homicide, and it appears that they had lived together as man and wife in reasonable peace and happiness until the summer of 1897, several months preceding the homicide. They lived upon their little farm in Gillespie County, and…
1Opinion of the Court
HERDERS ON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death, and he prosecutes this appeal.
The State introduced the witness G. B. Riley, sheriff of Gillespie County, who testified that he arrested defendant, Fritz Barth, on December 9, 1897, on the charge for which he was being tried, and placed him in jail on the same day, where he remained up to the time of the trial, and, while said defendant was so in jail, he had two conversations with him; that at the time of having the first conversation with him in jail, which time the witness knows…
2Cases cited6 opinions
- Burt v. StateCourt of Criminal Appeals of Texas · 1897
- G., C. & S. F. R'y Co. v. LevyTexas Supreme Court · 1883
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
- Adams v. StateCourt of Criminal Appeals of Texas · 1895
- Maddox v. StateTexas Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Waldo v. StateCourt of Criminal Appeals of Texas · 1988
- McCandless v. StateCourt of Criminal Appeals of Texas · 1900
- Kemper v. StateCourt of Criminal Appeals of Texas · 1911
- Hunt v. StateCourt of Criminal Appeals of Texas · 1921
- State v. AuthemanIdaho Supreme Court · 1929
11 more not listed; retrieve them via the Exa API.