# Stewart and MacKley v. State

> Court of Criminal Appeals of Texas · March 10, 1915 · 76 Tex. Crim. 442

URL: https://www.frixlaw.com/law-library/cases/3960024

## Case

- **Full name:** John Stewart and Barney MacKley v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 10, 1915
- **Citations:** 76 Tex. Crim. 442; 174 S.W. 1077; 1915 Tex. Crim. App. LEXIS 418
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Davidson, Prendergast
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3960024

## Opinion text

The opinion of Presiding Judge Prendergast discusses at some length the fact that in my dissent I stated that Garvey was on the hotel gallery when the appellants came from behind the *Page 464
screen doors of the house mentioned in Garvey's evidence when, as a fact, it was Brownlee who was on the gallery. Garvey and Brownlee were the two parties engaged in the difficulty with appellants. Had I noticed this discrepancy, or if my attention had been called to it, the necessary correction would have been made. But I was not aware until the rehearing opinion was handed down that the mistake in the names had occurred. Whether Brownlee or Garvey was the party who sat on the gallery is a matter of no moment as will be observed from an inspection of the opinions in the case. I do not care to notice other matters further than I have written.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3960024. Public record. Not legal advice.