The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-15
CANNON CASE AFFIRMED
Irresistible Impulse" Is Not an Excuse Tor
Murder, Says The Court.
GETS A LIFE TERM IN THE PENITENTlARY
1hc Court of Criminal Appeals Also
Affirmed the Death Penalty of
Perry Wagner.

Dalils, leAas, HeDTNdl4 lt'-Tl Ee oSV'eS
court Of criminal appeals today handed
down one Of the most important decisions
rendered In the history Of that body.
County Judge o. D. Cannon Of Robertson
county Ured on change of venue in vii
Hanson county) was several months ago
convicted of murder in the Arsi degree
and life term in the peniteut AIRY as
sessed as punishment Early in 1899 Judge
Cannon Shot Prof. w. T. Gray, superin-
tendent of the public schools of Robertson
county, to death at the door, way Of the
Gray homestead. The State court OF Grim
lnal appeals today affirmed the sentence
against him.
Justice Brooks, in announcing the de-
.cision, spoke OF the case, rec.tng the
coAtention Of attorneys Tor defendant tAat
,nCi client had for a long time prior 10
the homicide useI cocaine an other mar
cctics, whlch caused him at l.mcs to hav9
ha.lU. nations and do deels VI violence
for which he was NIT respo si.le; tdat
he was seized by oae OF thes- spens a tn
time the deed in question was committed
and that defendant acted under an ir-
reslstiDle impulse when committing the
murder, The court stated that The doc
triue Of irresistible impulse as an excuse
for murder is not recognized by this court
and the verdict was affirmed.
a stirling incident liz, connection with
the Judge Cannon case is that he ub-
bornly refused even after his oolYi ton
for muIuer in the first degree, to 'a,ate
the office OF county judge Of Robertson
county, and a series OF jud .cial proceed
ings had to be resorted to in order to dts
possess him. This was not accomplished
unit, two days ago.
The death penalty assessed against
Perry Wagner, from Cherokee county,
was also affirmed, Wagner was q con
Wet who killed a fellow convict in ;he
State penHentiary.
A motion for rehearing in the case Of
Henry Brown death. from Hunt county,
was oyerruled. The verdict was affirmed
a few weeks ago
A motion for a rehearing in the Wash
Garrett murder case, from Dallas in
which the death penalty was affirmed two
Weeks ago, was submitted.
The list of cases disposed OF by the
court today is as follows;
Appeal dismissed; F. Buechert. from
Clay; Jim Chumley. from Wise; Tom
Woodruff, from Val Verde.
Affirmed Fred Vincent, from Parker,
1 Tcm Bogard 1.-TWO cases) from Montague
w. c. Wilson. alias Willis Jones. from
Eastlaud VIII Gentry ard Clyde Wits
from Floyd II. P. Wyupo, from Anler-
SON. Bill Johnson, from Wood Perry
/ Wagner death, from Cherokee; w. J
Jones, alias VIII Powell, from McLenuRn
o. d. Cannon, from Williamson.
Reversed and remanded; VIII Batch
elor. from Hood Lennard Francis. from
Waller; w. T. Walton, from Halls John
Toilet from Eastland; J. F. Hudson
from Dallas.
Motions for rehearing overruled: Henry
Brown (death), from Hunt Norman
Duffy, from Lamar; John VI. Harper Al
al, from Cass.
Submitted on motion 70 dismiss appeal,
]. H. Morse, from Navarro; G. r. Brown
from Larnpasas; VIII Maxey, from
Shackelford; Marvin Woodbridge, from
Hall.
Or record Louie Rogers from Cooke
/ f. NJ, Laiferty, from Parker Bud Broyles
from Motley; Martin Torres (two oases)
/ from Wilson.
On briefs for State; VIII Pangburn ant
Pete Thorp, from Parker; Rob Keith ana
BUD Larned, from Hood; A. Harrell from
houston; Bill Coleman, from Madison,
sam Wilkens, from McLenpan: ex part,
Jesse Brown. from Harris.
| On briefs for appellant: Ed TAYLOR
I from Pamela; ]. ]. Myers, from Mitchell
5 c. Jennings. from Lamar; A. Patron
from Nueces; J. NJ. Reid. from Navarro
! On briefs for both parties: J. T. Gro
gan and l.. II. Maddox two cases). from
Erath y. W. johnson and Ted johnson
from Young; Mrs. e, J. Daley (tw,
cases., from Mitchell; Henry Carter. from
Kaufman: c. Fendrick. from McLennan
On oral arguments and briefs for beth
| Henry Williams, from Erath: J. NJ. Reid
from Navarro; Charley Merrill. from
Johnson; Wash Garrett (dea.h). from
Dallas.