Cooper v. State

• Decision Date: 08 March 1905
• Citation: 85 S.W. 1059
• Parties: COOPER v. STATE.
• Court: Texas Court of Criminal Appeals

85 S.W. 1059

COOPER v. STATE.

Court of Criminal Appeals of Texas.

March 8, 1905.

Appeal from District Court, Harris County; J. K. P. Gillaspie, Judge.

Corda Cooper appeals from a conviction. Reversed.

E. T. Branch, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of assault with intent to murder. From the facts it appears that appellant and the assaulted party (Wade Jones) were the employés of Hanson, the proprietor of the Burnett Hotel, in the city of Houston. Hanson sent appellant to the storeroom for the purpose of obtaining some poison which was kept in that room. While in the storeroom, Jones (the assaulted party) also entered, and appellant lighted a match, and Jones asked him what he was doing in there. Appellant replied he was looking for cockroach poison. Jones ordered him out, and they had a wordy altercation. Jones struck him with his hand, and appellant left; Jones returning to the kitchen. In about two minutes appellant came into the dining room with a cup in his hand. Jones was employed in cutting up meat on the kitchen table. The door between the dining room and kitchen was open. Appellant remarked to Jones, as soon as he saw him, "I will kill you." Jones grabbed a glass and started around the table. While defendant had the cup in his hand, and Jones was going towards him with the glass, appellant jumped behind the door, and shot, and continued shooting, striking Jones in the right hand, in the leg, in the head, and in the body. This was Jones' testimony, except as to the fact that Burnett sent appellant for the poison. Appellant testified that he went after the poison by order of his employer; that he went into the kitchen, and looked about for some one to ask about it, and, finding no one, went into the storeroom, lighted a match, and began to look around. Jones came in, and ordered him out. Appellant informed Jones that Hanson, the proprietor, had sent him for the poison, and Jones again ordered him out. Jones picked up a glass, and said, "Get out of here," and changed the glass to his left hand, and struck appellant a blow over the eye with his fist, knocking appellant back somewhat, raising a knot over the eye, which knot was on his head after the shooting, and when arrested. Appellant left the storeroom. Jones threw the glass at him, striking the door. Appellant went into the office of the hotel, got Mr. Hanson's pistol, and started back to the storeroom. He took the pistol for protection, as he had not finished looking for the poison. He went back right after the storeroom incident, and started into the dining room, which was the way to get to the storeroom; the storeroom being to one side of the kitchen. Leaving the office, where he obtained the pistol, he first went through a little hall which led into the dining room. There was no door here; only a doorway. As soon as he got to the doorway, Jones saw him. Jones was...