Felder v. State

Court of Criminal Appeals of Texas

Felder v. State

225 S.W. 374, 88 Tex. Crim. 208, 1920 Tex. Crim. App. LEXIS 398

CourtCourt of Criminal Appeals of Texas

DecidedNovember 24, 1920

DocketNo. 5983.

StatusPublished

This text of 225 S.W. 374 (Felder v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Felder v. State, 225 S.W. 374, 88 Tex. Crim. 208, 1920 Tex. Crim. App. LEXIS 398 (Tex. 1920).

Pincite

Opinion

MORROW, Judge.

The appellant was convicted of burglary of a private residence. The entry was charged to have been accomplished by discharging firearms into a private residence with the intent to commit a felony, namely, the murder of Dewitt Davis. The evidence shows without controversy that the appellant, in the night-time, fired into the private residence of one Wilson; that Dewitt Davis was an occupant of the house, and the manner in which the shots were fired, as well as the State’s evidence showing the declarations of the appellant at the time the shots were fired, were sufficient to support the jury’s finding that the shots were fired with the intent to kill Davis. The appellant admitted shooting, but disclaimed any intent to kill. He claimed that his purpose was to frighten the occupants of the house. The issues were submitted to the jury in a charge to which no objections were addressed; no bills of exceptions appear complaining of the rulings of the trial court; the indictment conforms to the law; the evidence is sufficient; and the judgment must he affirmed. It is so ordered.

Affirmed.

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MORROW, Judge.

The appellant was convicted of burglary of a private residence. The entry was charged to have been accomplished by discharging firearms into a private residence with the intent to commit a felony, namely, the murder of Dewitt Davis. The evidence shows without controversy that the appellant, in the night-time, fired into the private residence of one Wilson; that Dewitt Davis was an occupant of the house, and the manner in which the shots were fired, as well as the State’s evidence showing the declarations of the appellant at the time the shots were fired, were sufficient to support the jury’s finding that the shots were fired with the intent to kill Davis. The appellant admitted shooting, but disclaimed any intent to kill. He claimed that his purpose was to frighten the occupants of the house. The issues were submitted to the jury in a charge to which no objections were addressed; no bills of exceptions appear complaining of the rulings of the trial court; the indictment conforms to the law; the evidence is sufficient; and the judgment must he affirmed. It is so ordered.

Affirmed.

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Bluebook (online)

225 S.W. 374, 88 Tex. Crim. 208, 1920 Tex. Crim. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felder-v-state-texcrimapp-1920.