Legal Opinion

Johnson v. State

Mississippi Supreme Court

Decided October 15, 1900PublishedCited by 6 opinions

From the circuit court of Adams county. Hon. Jefferson Truly, Judge. Johnson, appellant, having been indicted and convicted of murder, appealed to the supreme court. The opinion states the case.

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From the circuit court of Adams county. Hon. Jefferson Truly, Judge. Johnson, appellant, having been indicted and convicted of murder, appealed to the supreme court. The opinion states the case. In the case of Walton v. State, 57 Miss., 533, the court say, on page 534, that they think the lower court erred in refusing the instruction to the jury informing them that in case they failed to affix to the crime the punishment for life in the penitentiary, that it was the duty of the court to impose on the accused the penalty of death. And in' an elaborate and well considered opinion the court…

1Opinion of the CourtCalhoon, J.

Jacob Johnson was convicted of the murder of Ella Johnson, and sentenced to death. It was a murder without any pretense of justification, excuse or alleviation. The man and the woman had lived for a number of years in adulterous cohabitation, with occasional separations. On the last breach the woman had left him. He persistently hunted her up. In his diabolical and revengeful pursuit, he saw one Robert Kaiser, inquired of him whether the perpetrator of a recent murder had been arrested, and said he was going to kill somebody, and not a man, but a woman. An hour or so before he did the killing…

2Cases cited1 opinion

  1. Walton v. StateMississippi Supreme Court · 1879

3Cited by6 opinions

  1. Calicoat v. StateMississippi Supreme Court · 1922
  2. Rester v. StateMississippi Supreme Court · 1916
  3. Jolly v. StateMississippi Supreme Court · 1972
  4. Robinson v. StateMississippi Supreme Court · 1969
  5. Stevenson v. StateMississippi Supreme Court · 1924

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