Spannell v. State
Court of Criminal Appeals of Texas
The following statement which we copy from appellant’s supplemental brief is substantially correct: “Appellant when arrayed at Coleman charged with the murder of Major Butler, at the proper time, filed and presented a proper plea of former jeopardy, and also of res adjudicate, of the main issue in the case, based upon the verdict of acquittal in San Angelo upon the charge of murder of his wife.
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The following statement which we copy from appellant’s supplemental brief is substantially correct: “Appellant when arrayed at Coleman charged with the murder of Major Butler, at the proper time, filed and presented a proper plea of former jeopardy, and also of res adjudicate, of the main issue in the case, based upon the verdict of acquittal in San Angelo upon the charge of murder of his wife. His contention being that as it all occurred in one continuous transaction and within a few seconds and that there was only one intent, one purpose, and one volition on his part, that there could not…
1Concurrence
I concur with Judge Morrow in reversing the judgment. He places his decision upon that ground in the plea of former acquittal which pertains to the accused shooting at Butler and killing his wife in so shooting. I concur that if the accused killed his wife lawfully or unlawfully in shooting at Butler, the plea of former acquittal should be sustained. This issue was passed on directly by the jury in the trial of appellant for shooting his wife and decided in his favor under appropriate instructions. The accused can not be tried twice for the same offense, whether the verdict be guilty or not…
2Cases cited6 opinions
- Boggess v. StateTexas Supreme Court · 1875
- Jerue v. StateCourt of Criminal Appeals of Texas · 1909
- Piper v. StateCourt of Criminal Appeals of Texas · 1908
- Deshazo v. StateSupreme Court of Arkansas · 1898
- Alexander v. StateCourt of Criminal Appeals of Texas · 1908
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