Snowberger v. State

• Decision Date: 23 March 1910
• Citation: 126 S.W. 878
• Parties: SNOWBERGER v. STATE.
• Court: Texas Court of Criminal Appeals

126 S.W. 878

SNOWBERGER v. STATE.

Court of Criminal Appeals of Texas.

March 23, 1910.

Appeal from Criminal District Court, Dallas County; Robt. B. Seay, Judge.

A. C. Snowberger was convicted of murder in the first degree, and he appeals. Reversed and remanded.

Samuels & Curtis and Gammon, Worsham & Pope, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.

RAMSEY, J.

On March 5, 1909, appellant was convicted in the criminal district court of Dallas county of murder in the first degree, and his punishment assessed at confinement in the state penitentiary for life. This judgment was the result of an indictment filed in said court against him on January 2d preceding, in which he was charged with the murder of one W. B. Anderson by then and there cutting the said Anderson with a knife.

There are a great many questions raised on the appeal, most of which have been briefed very carefully, and the more important of which we will consider. In order to make the opinion understood, it will be necessary to make a somewhat detailed and particular statement of the evidence.

It was admitted on the trial that on the night of December 12, 1908, appellant killed said Anderson at the White Star rooming house in the city of Dallas. That deceased at this time, and for some time prior thereto, was engaged in running a public rooming or lodging house. That he was 70 years of age at the time of his death. That appellant and his companions went to this house to secure lodging between 12 and 1 o'clock at night, when deceased was called from his room in response to their request. That the rooms controlled by deceased and let by him for lodging were on the second floor, and were reached by a stairway leading from the sidewalk. That the killing took place on the sidewalk near the foot of this stairway, and the only eyewitnesses to the killing were a Mexican, Eduardo Cano, and a white man, Harry Jacoby, and appellant.

The first witness introduced by the state was one Frank Hutton, who testified: That he had known Anderson for some two years, and had a room at his house on the night of the killing. That his room was some 10 or 15 feet from that occupied by deceased. That there was a bell in Mr. Anderson's room suspended from the ceiling, which was attached by a string to the screen door leading into the rooming house, so that when the door opened deceased was awakened by the ringing of this bell. That, shortly after 12 o'clock on the night of the homicide, he heard the bell ring, and heard Mr. Anderson get up in his sock feet and go to the desk, which set at the intersection of the hall by which you enter the house. That he heard a conversation in which three or four persons were engaged, and recognized Mr. Anderson's voice. That one of these voices asked for a room, when deceased replied, "I have no room for you," and the voice heard by him said, "Why, you are not full up?" to which Mr. Anderson replied: "I don't make a habit of taking drunk men. I wouldn't clean up after you for the money." And to this the voice replied, in a louder tone, "If you say I am drunk, you are a God damn liar." That Anderson replied to this, "Go on now, or I'll call the police." That he then heard a shuffling of feet down the long hall as if they were going out, but there was no exit out that way, and Mr. Anderson said: "You can't get out that way. Come this way." That he then heard their steps turn and go on down towards the entrance into the building. That after they had gone farther away he heard a friendlier voice near by say: "You know me. I am all right." To which Mr. Anderson replied, "Yes, you are a gentleman when you are sober." That he then heard a voice call from downstairs, "Let the old son of a bitch come on down and call his police; I'll fix him." That the voice downstairs repeated this several times, and he then heard Mr. Anderson say, "I will go down and call the police." That the next thing he heard, in just a few seconds, was Mr. Anderson crying out: "Frank! Frank! Murder! Murder! Police!" That, without waiting to dress, he went hurriedly down in his night clothes, and when he reached the foot of the stairway Anderson was standing with his hands touching either wall of the stairway. That he took hold of him and set him down on the stair steps, when he said, "Run for a doctor." That he started for a nearby drug store, but, seeing it was closed, went to one over on Main street to telephone for a doctor, and was gone about 10 minutes. That when he came down the stairway and reached Anderson, he found that his throat was cut almost from ear to ear and blood spurting everywhere. That he saw no stick. That Mr. Anderson had two walking sticks, and always used one in walking. That after the killing he saw both of these upstairs in the room where he always kept them.

W. N. Noles, introduced by the state, testified: That he was deputy sheriff, and was what is known as "night man" of the sheriff's force. That he heard some one cry out, "Murder! Police!" That he ran outside of the courthouse and soon located the trouble at the White Star rooming house. That when he reached the scene of the difficulty deceased was sitting on the sidewalk up against the building at the foot of the stairway with his throat cut. That he looked for weapons of all descriptions, and saw no stick. That if there had been one there he would have seen it, because he looked for such things particularly. That he remained there a few minutes, and went on down the street, and stopped in front of a pool hall. That, while standing at this place talking to Officer Fanning, appellant came up and called Mr. Fanning aside, who, after a few words, arrested him. That he walked up to where they were standing and made an examination and search of appellant. That they found his right hand bloody, also saw blood on his face, shirt, and coat, which appeared to have been spattered on there. That they found in appellant's pocket a knife, the blade of which was covered with fresh blood. That he saw no bruise or wound on appellant's hand or head, but made no examination for wounds or bruises. That appellant did not say anything about any wounds or bruises on him, and he saw no signs of any. That he had his hat on when arrested, and he did not remove it or see it removed.

Charles Fanning, a police officer, was also introduced, who testified to substantially the same facts, except that he arrived at the scene of the killing after Noles had got there; that he saw no stick or other weapon lying by or near deceased, and believed if there had been such stick he would have seen it; that, while standing down near the pool hall talking to Noles, appellant came up and placed his hand on his shoulder, and called him aside; that they walked away two or three steps, and appellant then said, "There is going to be hell at the White Star rooming house to-night, for old man Anderson has been raising hell with me," to which he replied: "There has already been hell. You have killed that old man." He also testifies to the blood on appellant's coat, face, and hand, and to searching him and finding a knife, which he says was about 2½ inches long, and covered with blood; that appellant made no claim that he had been assaulted by deceased, did not show them, nor did they see, any wounds on his face or bruise on his hand; that appellant had on his hat all the time; and that they made no examination for wounds or bruises.

Jim Deming, a witness called by the state, testified he was warden at the city jail on the night in question; that it was well lighted with electric lights; that he saw no wound or bruise of any kind on defendant; that he did not examine his head; that there could have been a wound on his head and he not have seen it; that the jail has iron cells with many sharp edges on which one could easily produce a wound or abrasion; that he saw no one butting his head on these corners or edges, nor did he find any blood or hair on the iron bars after appellant was removed.

Dave Reedy, the jailer at the county jail, testified to the same effect, and further that no one had ever called his attention to any bruises on appellant, not appellant himself nor Mr. Curtis, his counsel. This was the testimony for the state.

Appellant, after testifying to his residence, and occupation for some little time, then stated: That at the time of the homicide he was hauling gravel for Mr. Houston, and stayed at his house about two miles out of town. That on the night in question he came to town to see some one who owed him a small sum, and to pay a small account that he owed. That he went to several saloons and had five or six glasses of beer during the evening; that he was not drunk, but had enough to feel it. That about midnight he decided to go to bed, and so remarked to those with him. That he usually went out to his room on the Oak Lawn car; but that this car stopped at 12 o'clock, and had gone. That Harry Jacoby was with him, and had been in the saloon drinking with him. That, when he said that he was going to bed, a Mexican whom he had never seen before that evening said that he was going to bed, too, and wanted to know of him where he could get a room. That he told the Mexican he was going down to the White Star rooming house, and that he might get a room there. That the Mexican, Jacoby, and himself all went together. That, when they ascended to the second floor, they met deceased in his night clothes. That he (appellant) asked him for a room. That deceased said: "I have no room for you. You are drunk." To which he replied, "Old man, you are mistaken, I am not drunk," to which Anderson replied, "You are an infernal liar," to which he answered, "Well, if I am a liar, maybe you are one, too." That deceased then stepped back. That he thought he was going back to his room, and that he and the Mexican went downstairs. That soon after this Mr. Anderson returned, and that he heard him fussing with Jacoby, who...