Legal Opinion

Johnson v. State

Court of Appeals of Texas

Decided October 25, 1890No. 3484PublishedCited by 25 opinions

Appeal from the District Court of Limestone. Tried below before L. J. Farrar, Esq., special judge. At the March Term, 1888, of the District Court of Limestone County, the appellant and one Jeff Wood were indicted jointly for the murder of Elizabeth Rucker by poison, to-wit: “ That the said Tilman Johnson and Jeff Wood did then and there wilfully poison and cause to be poisoned a certain drink, to-wit, certain water then and there contained in a certain bucket at the house of…

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Appeal from the District Court of Limestone. Tried below before L. J. Farrar, Esq., special judge. At the March Term, 1888, of the District Court of Limestone County, the appellant and one Jeff Wood were indicted jointly for the murder of Elizabeth Rucker by poison, to-wit: “ That the said Tilman Johnson and Jeff Wood did then and there wilfully poison and cause to be poisoned a certain drink, to-wit, certain water then and there contained in a certain bucket at the house of H. P. Rucker, where said Elizabeth Rucker then and there resided, by then and there wilfully mingling and causing to be…

1Opinion of the Court

WILLSON, Judge.

It was not error to admit in evidence against the defendant the indictments and record mentioned in defendant’s bill of exception. This testimony was admissible to show motive for the commission of the murder, and to this purpose the testimony was restricted by the charge of the court. Willson’s Crim. Stats., sec. 1044.

It is charged in the indictment that the murder was committed by means of poison mingled with water in a bucket. Over objections made by defendant, testimony was admitted tending to show that poison was at the same time mingled with coffee in a kettle, and that…

2Cases cited1 opinion

  1. Smith v. StateTexas Supreme Court · 1875

3Cited by25 opinions

  1. State v. YoungSupreme Court of Missouri · 1894
  2. Beard v. StateCourt of Criminal Appeals of Texas · 1943
  3. Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. McRae v. PeopleSupreme Court of Colorado · 1937
  5. Weber v. StateCourt of Criminal Appeals of Oklahoma · 1909

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