Legal Opinion

Johnson v. State

Court of Criminal Appeals of Texas

Decided June 21, 1905No. 2985PublishedCited by 8 opinions

Appeal fimo, the District Court of Erath. Tried below before Hon. W. J. Oxford. Appeal from a conviction of murder in the first degree; penalty, death.

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Appeal fimo, the District Court of Erath. Tried below before Hon. W. J. Oxford. Appeal from a conviction of murder in the first degree; penalty, death. The confession of the defendant to sheriff Creswell was partly as follows, and as testified to by said Creswell: “After I warned him we went on for a little piece and I asked him then why he killed Berry, and he told that he did not know why he done (did) it, that he could not tell why to save his life, and then I asked him how he done (did) it, and he commenced to tell me all about it: he said that him (he) and Berry was (were) up at Stamford…

1Opinion of the Court

DAVIDSON, Presiding Judge.

This conviction was for murder, with the death penalty assessed. A brief history of the case will show that leaving Stamford, Jones County, appellant and deceased arrived at Dublin, Erath County, some time during the night. They came on a freight train, had some trouble in producing money and other effects sufficient to pay their way: deceased supplementing his money with a pocket knife. They went from the train at Dublin to an oil mill, where, after warming themselves, they were permitted to sleep in the seed house. During the night appellant left, and a few days…

2Cases cited1 opinion

  1. Gallaher v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by8 opinions

  1. State v. HawkinsSupreme Court of Minnesota · 1977
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1933
  3. Hext v. StateCourt of Criminal Appeals of Texas · 1925
  4. Johnson v. StateCourt of Criminal Appeals of Texas · 1906
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1939

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