Scott v. State

OPINION

MORRISON, Judge.

The offense is murder; the punishment, two hundred (200) years.

Appellant’s first grounds of error arise out of the claim of double jeopardy and collateral estoppel. On December 11, 1969, two men, J. C. Phillips and R. L. McClure, were shot and killed by robbers who entered the Phillips’ store. Appellant was convicted of the murder of Phillips and his appeal was affirmed. Scott v. State, Tex.Cr.App., 471 S.W.2d 379. After a change of venue, appellant was convicted in Johnson County of the murder of McClure. This is that appeal.

A very similar fact situation was recently…