Bartholomew Roberts
Moderator
Certainly it was established in case law by 1884 with Campbell vs. The State.
I am not familiar with that case nor am I able to locate any Texas case in 1884 involving those parties with a quick search. Do you have a reporter reference or link?
Having said all that, statutory law overrides case law and "lying in wait" goes to intent/mens rea. Since 1884 predates the Model Penal Code by quite a bit and "lying in wait" isn't mentioned in the Penal Code, and Texas statutory law basically reflects the model penal code as to mens rea, I would hazard a guess without further research that all the "lying in wait" allegation does is allow the prosecution to argue that rather than second degree murder or manslaughter, this was first degree murder - that he planned to kill the burglar as revenge.