Legal Opinion

Johnson v. State

Court of Criminal Appeals of Texas

Decided March 22, 1911No. 990PublishedCited by 1 opinion

The State’s testimony showed that defendant was under the influence of liquor on the night of the killing; that he approached one Barnes just outside of the church in which services were being conducted, and talked very loud, and was told by Barnes not to talk so loud; that they then got into an altercation and slapped each other with their hands; that Barnes asked defendant to move away from the church and that they would settle it, dragging defendant away with him; that…

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The State’s testimony showed that defendant was under the influence of liquor on the night of the killing; that he approached one Barnes just outside of the church in which services were being conducted, and talked very loud, and was told by Barnes not to talk so loud; that they then got into an altercation and slapped each other with their hands; that Barnes asked defendant to move away from the church and that they would settle it, dragging defendant away with him; that the latter dropped a pistol in the scuffle, and Barnes called on the bystanders to take the pistol; that defendant’s…

1Opinion of the Court

HARPER, Judge.

—In this case appellant was indicted charged with the ofíense of murder. Hpon a trial he was convicted of the offense of manslaughter, and his punishment assessed at two years confinement in the penitentiary.

1. Appellant, in a bill of exceptions, complains that the court erred in permitting the witness Abe Barnes to testify in regard to a difficulty between himself and defendant on the night defendant killed Caesar Barrow. The court trying the cause, in approving the bill, says: “This difficulty on the outside of the church between Abe Barnes and the defendant was that about…

2Cases cited7 opinions

  1. Burt v. StateCourt of Criminal Appeals of Texas · 1897
  2. Blain v. StateCourt of Criminal Appeals of Texas · 1895
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1893
  4. Harvey v. StateCourt of Criminal Appeals of Texas · 1896
  5. Levine v. StateCourt of Criminal Appeals of Texas · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Thomas v. StateCourt of Criminal Appeals of Texas · 1936

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