Baltrip v. State

• Decision Date: 19 December 1891
• Citation: 17 S.W. 1106
• Court: Texas Court of Appeals
• Parties: BALTRIP v. STATE.

17 S.W. 1106

BALTRIP v. STATE.

Court of Appeals of Texas.

December 19, 1891.

Appeal from district court, Tyler county; ROBERT A. GREEN, Judge.

Indictment against Green Baltrip for murder. Defendant appeals from a conviction of murder in the first degree. Reversed.

West & Chester, for appellant. Richard H. Harrison, Asst. Atty. Gen., for the State.

HURT, J.

The defendant stands convicted of murder in the first degree, with the punishment fixed at confinement in the penitentiary for life. The facts attending the homicide are as follows: Millie Anderson, a witness for the state, testified that she was standing in her house, looking out at a window, and saw deceased and defendant about half-way between her house and Harriet Block's. She heard defendant say to deceased: "Ed, you treated me wrong to-day." Deceased replied: "I know I did, and I beg your pardon, and take it all back." Then defendant shot him with a gun. According to her testimony, this witness was naked, and was going to take a bath. It was about 9 o'clock at night. The moon was shining bright. She heard no loud talking prior to the killing. On cross-examination she said she did not tell Virgil Barnes at a certain time and place that she was naked in a bath-tub at the time the gun fired, and did not know anything about the difficulty until after the gun fired. Harriet Block, a witness for the state, corroborates Millie Anderson. Frank Mathews, a witness for the state, testifies that about five minutes before the gun fired he heard deceased cursing in a loud voice. Virgil Barnes, a witness for the state, testified that witness, deceased, and others were gathered in a commissary on the evening prior to the homicide at night. As a woman handed a 10-cent mill check to defendant, deceased snatched it away from him. A moment later deceased had a beer bottle, and approached defendant, and rubbed the bottle in his face and over his head repeatedly, and cursed and abused him. A few moments later deceased had his hand in defendant's collar, with a large knife drawn in a striking position over defendant's shoulder. Deceased was cursing defendant, and swore that he would kill defendant if defendant did not treat him right. The witness, by the aid of others, got deceased away. A few moments later, while defendant and others were talking, deceased interrupted them, began again to curse and abuse defendant, and said that he would kill defendant if he did not treat him right, calling him the most horrible of all epithets. Deceased then caught defendant by the back of his neck, and butted him on the head severely two or three times. The witness and others then got deceased away, and an officer arrested him, and carried him away. Deceased was a very large, stout man, much stronger than defendant. Defendant made no resistance, but begged to be let alone. Defendant had no weapon, and seemed afraid of deceased. When the officer carried deceased away defendant had gone home. The witness and others went to defendant's house, and found him there alone. The house was dark. He promised to go to bed, but wanted his supper. The witness told him to go and get his supper, and return and go to bed. Defendant said he would do so. Defendant is a single man, and took his meals at Scott's house, about 75 yards from his own. It was about 20 or 30 minutes after the witness left defendant's house when the gun fired. Deceased was killed by the side of the trail leading from defendant's house to Scott's house. The homicide occurred just a few minutes before 9 o'clock. This witness further testified that the witness Millie Anderson told him that she was naked, and in a tub of water taking a bath, at the time the gun fired, and that she did not know anything about the difficulty until after the gun fired. Other witnesses corroborate this witness as to the occurrence in the afternoon. One witness testifies that when deceased was jerked away from defendant, and told to behave, he beat himself on the forehead with his open knife, and said: "I have been to the penitentiary once, and I will kill that G____d d____n s____n of a b____h, [pointing to defendant,] and go there again." W. C. Weatherly, a witness for defendant, testified that some time after dark he went to a drug-store, and waited a while there for the druggist, and then went out to search for a loose horse. He met deceased in the trail. Deceased said he was going to kill defendant before daylight. A few minutes after this, witness passed defendant on the road. The conversation between deceased and the witness occurred near the point where the former was killed, about 40 or 50 yards from defendant's house. The witness found his horse grazing about 60 yards from where he left deceased. Before he got to the horse he heard deceased cursing and abusing defendant in a violent manner, and by the time he got to the horse the gun fired. Deceased...