Riddles v. State

• Decision Date: 25 June 1898
• Parties: RIDDLES v. STATE.
• Court: Texas Court of Criminal Appeals

Page 1058

46 S.W. 1058

RIDDLES v. STATE.

Court of Criminal Appeals of Texas.

June 25, 1898.

Appeal from district court, Caldwell county; H. Teichmuller, Judge.

Elmer Riddles was convicted of murder in the second degree, and appeals. Reversed.

A. B. Storey and Walton & Hill, for appellant. Mann Trice, for the State.

HENDERSON, J.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of six years; hence this appeal.

The testimony on the part of the state presents the theory of homicide committed in pursuance of a conspiracy. It appears that bad blood existed between Perley Riddles, Elmer Riddles, and Jim Blundell on one side, and deceased on the other side. On the day of the homicide, which was Sunday, all the parties connected with the killing attended church in the neighborhood. Perley Riddles, Elmer Riddles, and Jim Blundell went from the church to Walker Riddles', the father of the defendant, where they took dinner. En route from the church to old man Riddles', Perley Riddles and Jim Blundell passed deceased, John Copeland, and Willie Blundell, and after they passed deceased remarked that he would have to give Perley Riddles another "cursing out" in order to make him speak to him. This remark was brought about by the failure of Perley Riddles to speak to deceased in passing, and had reference as well to a prior trouble between the parties, in which deceased had "cursed out" Perley Riddles, defendant, and Jim Blundell. Copeland and deceased went on to the house of Copeland. Willie Blundell in the meantime went to Walker Riddles', where the other parties were, and informed Perley Riddles what the deceased had said. Perley Riddles remarked that he would see deceased in regard to the matter. Late in the evening Copeland and deceased went to old man Riddles' for the purpose, on the part of Copeland, of making an engagement with Miss Lackey to attend church with her that night, and deceased was going on to church. On reaching old man Riddles', Copeland alighted, hitched his horse, and went in the yard, where the girls were, for the purpose of speaking to Miss Lackey in reference to going to church with her, and Lane, the deceased, rode on. After riding a few steps, Perley Riddles, who was in the yard, called to Lane to stop; that he wished to speak to him. Lane halted, in accordance with the request, at the point indicated,— at what is known as the "Big Gate." Riddles asked Lane if he had made the statement imputed to him by Willie Blundell. Lane answered in the affirmative. After some wordy altercation in regard to this matter, Perley Riddles invited deceased to meet him at the gin, about 200 or 300 yards distant, and settle this matter. After some hesitation, Lane finally agreed to go and did go to the gin. Thereupon Perley Riddles and Jim Blundell, who were also in the yard, started in the direction of the gin, and had proceeded about 25 or 30 steps, when they were joined by the deceased, who claims to have been about the portico of the residence, some 20 or 25 steps from where Lane and Perley Riddles had their conversation. Upon reaching the designated place, Lane insisted upon having his friends present, and asked for time to go to the church, a short distance away, in order to secure their presence and assistance. Perley Riddles said "No; they could fight it out by themselves;" that nobody would interfere in the fight; and that he and Lane alone would be engaged in it. Lane then proposed to go off with Perley Riddles and fight. This was declined by Perley. Lane suggested fear of the interference of Perley's friends, and asked again that Perley would go off with him and have a fair fight. Thereupon Elmer Riddles and Jim Blundell threw back their coats, stating that they were not armed, and that he and Perley could have a fair fight. Then Lane remarked to Perley Riddles, if nothing but a fight would do him, "to pile on." And Perley remarked to him, "You damn son of a bitch, you pile on." Both drew their pistols, and began shooting. The shots were close together, and the witnesses were in doubt as to whether both shots occurred at the same time, or perhaps Lane was just in advance, but so close together that the difference was immaterial. It is also shown on behalf of the state that Elmer Riddles, during the conversation, stated to the boys, "Fight it out, or shoot it out, or settle it in some way." The state, in placing the parties, shows that the defendant was upon the right of the deceased, Jim Blundell upon the left, and Perley Riddles in front; and that, as soon as the shooting began between Perley and the deceased, the other two drew their pistols, and began shooting, walking onto the deceased as they shot, until he fell, with his leg broken. Defendant then walked up to his fallen foe, and, in the language of the witness, straddled him, and began beating him about the head with his pistol until the head was almost a pulp, breaking the bones in his left hand until they protruded through the flesh. This seems to have occurred by reason of the fact that the deceased placed his hand up by the side of his head to protect his head from the blows inflicted by the defendant's pistol. After he had gratified his revenge in this respect, he stepped aside, and remarked, if he had another load, he would shoot deceased. Blundell thereupon stated to him that his pistol had one load in it. Defendant took it, and approached the prostrate form of the deceased, and fired into the top of his head, the ball ranging down through the brain into the neck. In addition to the above testimony, the state introduced testimony of witnesses showing that after what occurred on the way from church, and its communication to Perley Riddles by Willie Blundell, the parties, Elmer Riddles, Perley Riddles, and Jim Blundell, armed themselves, and that they were each armed when they left the house of Walker Riddles to go to the scene of the difficulty; and, furthermore, it was in testimony that they were seen during the evening to have had private interviews, evidently with reference to the trouble with the deceased. The testimony of the state also tends to show that, from the position of Elmer Riddles at the time of the conversation between deceased and Perley Riddles at the big gate, he must have heard what then transpired, and when he left the house and joined Perley Riddles and Jim Blundell he knew their mission.

The defendant's theory was that he knew nothing of any conspiracy for the purpose of bringing on a difficulty with the deceased, and was no party thereto; that what he did at the time of the difficulty was purely in self-defense. His defense was mainly predicated on the testimony of John Keller and his own evidence. He testified substantially that he knew, when he saw his brother Perley Riddles and Jim Blundell going towards the gin, that there was trouble of some sort up between them and deceased. Lane; that he did not hear what transpired in the conversation, but when they left he followed and joined them about the corner of the lot, some 60 yards from where he started; that he went for the purpose of preventing the difficulty between the parties; that when he joined them he insisted that they should go back to supper, and not go. He states, however, that he did not know the exact purpose or object of the parties, but simply thought that something was up. En route to the scene of the conflict he advised the boys to make friends, and upon reaching the ground he again counseled both Perley Riddles and Lane to make friends, as they could not afford to be enemies, and that it was a great deal better to be friends than enemies. Lane replied to him that he was not hankering after friends; he did not want any friends; and immediately stepped back, drew his pistol,...