Delany v. State
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. J. O. Easton. Mike Delaney was tried at the February term, 1874, of the District Court of Fannin county, on an indictment charging him, jointly with John Whaley, with the willful burning of a calaboose used for confining prisoners in the city of Bonham. Late in the evening of the 17th March, 1874, Delany and Whaley were arrested for drunkenness, and confined in the calaboose in Bonham during the following night.
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Appeal from Fannin. Tried below before the Hon. J. O. Easton. Mike Delaney was tried at the February term, 1874, of the District Court of Fannin county, on an indictment charging him, jointly with John Whaley, with the willful burning of a calaboose used for confining prisoners in the city of Bonham. Late in the evening of the 17th March, 1874, Delany and Whaley were arrested for drunkenness, and confined in the calaboose in Bonham during the following night. Soon after being imprisoned, Delaney, still drunk, swore that he would burn up the town of Bonham before the next Tuesday night. Late…
1Opinion of the Court
Roberts, Chief Justice.
We do not think the court erred in admitting the threat of defendant, “ that he would burn up the calaboose and town of Bonham before the next Tuesday night,” while he was imprisoned. It does not stand on the same ground of confession of having previously committed an offense made after and during his imprisonment. Hor do we think the affidavit of his co-defendant, that the burning was accidental, was a good ground for a new trial, as presented in defendant’s motion, because the facts developed on the trial did not show that there was no evidence against his…
2Cases cited1 opinion
- People v. CotteralNew York Supreme Court · 1820
3Cited by5 opinions
- Smith v. StateCourt of Appeals of Texas · 1887
- Steedley v. StateCourt of Criminal Appeals of Texas · 1927
- Willis v. StateCourt of Criminal Appeals of Texas · 1894
- Garcia v. StateCourt of Appeals of Texas · 1887
- Luera v. StateCourt of Appeals of Texas · 1882