Rainey v. State
Court of Appeals of Texas
Appeal from the District Court of Cooke. Tried below before the Hon. E. E. Finer. The indictment in this case charged the appellant and J. E. Rainey, jointly, with the murder of J. D. L. Johnson, in Cooke county, Texas, on the 14th day of February, 18S5. A severance having been awarded upon the application of the impleaded parties, the appellant was first placed upon his trial, and was convicted of murder in the second degree, his punishment being assessed at a term of…
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Appeal from the District Court of Cooke. Tried below before the Hon. E. E. Finer. The indictment in this case charged the appellant and J. E. Rainey, jointly, with the murder of J. D. L. Johnson, in Cooke county, Texas, on the 14th day of February, 18S5. A severance having been awarded upon the application of the impleaded parties, the appellant was first placed upon his trial, and was convicted of murder in the second degree, his punishment being assessed at a term of thirteen years in the penitentiary. Thomas Bailey was the first witness for the State. He testified that he was, and for a…
1Opinion of the Court
White, Presiding Judge.
1. On the cross-examination of Davis, the justice of the peace, a witness for the State, defendant’s counsel had asked him “ who, if any one, requested you to issue the writ of attachment or citations?” He answered “ J. D. L. Johnson, the deceased.” On re-examination by the State as to this point, the xvitness was asked “What was said by Johnson when he requested the issuance of the xvrit and citations?” and he answered, “Johnson said they wanted them renexved.” Which question and answer were objected to by defendant. If the matter had been allowed to remain in the…
2Cases cited3 opinions
- State v. KringSupreme Court of Missouri · 1877
- Faire v. StateSupreme Court of Alabama · 1877
- Tierney v. FrazierTexas Supreme Court · 1882
3Cited by2 opinions
- Deck v. MissouriSupreme Court of the United States · 2005
- Deck v. MissouriSupreme Court of the United States · 2005