Johnson v. State

HARPER, Judge.

—Appellant was indicted for murder and when tried was convicted of murder in the second degree, and his punishment assessed at seven years confinement in the penitentiary.

The State’s testimony would show that appellant and deceased, Dan Cooper, were opposing candidates for constable, and deceased defeated appellant. That on the night of the fatal encounter there was a show in the town of Kirbyville, and defendant and Walter McMahon were on the grounds and were heard to state that “Dan Cooper (deceased) thinks he is damn smart in that office—we will fix him so that he will not…