Johnson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Walker. Tried below before Hon. J. M. Smither. Appeal from a conviction of murder in the first degree; penalty, death. The indictment charged appellant with the murder of Hose Washington, on the 24th day of July, 1902, by shooting him with a pistol and striking him with a stick. The essential facts are concisely stated in the opinion.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death.
Appellant’s first bill of exceptions questions the action of the court-overruling his motion for continuance, and in refusing a new trial based thereon. The motion for continuance was based on the absence of one John Mills. If it be conceded that the diligence shown to have been used for the procurement of said witness was sufficient, we do not believe, from the contesting affidavits, the witness would have testified as alleged by appellant; or, if he had done so, it was probably true,…
2Cases cited4 opinions
- Kidwell v. StateCourt of Criminal Appeals of Texas · 1895
- Spearman v. StateCourt of Criminal Appeals of Texas · 1895
- Parker v. StateCourt of Criminal Appeals of Texas · 1899
- Little v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by6 opinions
- State v. BobbittSupreme Court of Missouri · 1908
- Manley v. StateCourt of Criminal Appeals of Texas · 1913
- Lugo v. StateCourt of Criminal Appeals of Texas · 1938
- Warren v. StateCourt of Criminal Appeals of Texas · 1936
- Woolfolk v. StateCourt of Criminal Appeals of Texas · 1934
1 more not listed; retrieve them via the Exa API.