Legal Opinion

Goebel v. State

Court of Criminal Appeals of Texas

Decided October 14, 1903No. 2816PublishedCited by 3 opinions

The material facts are substantially as stated in appellant’s brief, to wit: The shooting of Kierst occurred shortly after sunup in the room occupied by Kierst and appellant as their joint bedroom; they had been roommates and bedfellows for months in this room of a residence owned and occupied by the Kierst famity, consisting of Joe Kierst’s mother, his two single sisters and himself. Joe Kierst and appellant were each single men, and each about 30 years old.

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The material facts are substantially as stated in appellant’s brief, to wit: The shooting of Kierst occurred shortly after sunup in the room occupied by Kierst and appellant as their joint bedroom; they had been roommates and bedfellows for months in this room of a residence owned and occupied by the Kierst famity, consisting of Joe Kierst’s mother, his two single sisters and himself. Joe Kierst and appellant were each single men, and each about 30 years old. They were not related, but had known each other from boyhood and had always been good friends, at least until a short time before the…

1Opinion of the Court

BBOOKS, Judge.

Appellant was convicted of an assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of two years.

Bill of exceptions number 1 was reserved to the action of the court permitting the State to introduce in evidence the following testimony from the witness Joe Kierst: “In the latter part of September, or the first part of October, 1902, a shotgun in the hands of the defendant (Goebel) was discharged and my face was badly powder burned, though no shots struck me. It occurred in this way: I had left my house early in the afternoon, and…

2Cited by3 opinions

  1. White v. StateCourt of Criminal Appeals of Texas · 1918
  2. Evans v. StateCourt of Criminal Appeals of Texas · 1928
  3. Wright v. StateCourt of Criminal Appeals of Texas · 1939

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