Butler v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Shelby. Tried below before Hon. James T. Polley. Appellant and his brother Jodie Butler were each separately indicted for the murder of one Oscar Johnson. Jodie Butler made an affidavit under our statute, and was granted a severance in order that this appellant might first be tried, and it was so agreed between the defendants.
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Appeal from the District Court of Shelby. Tried below before Hon. James T. Polley. Appellant and his brother Jodie Butler were each separately indicted for the murder of one Oscar Johnson. Jodie Butler made an affidavit under our statute, and was granted a severance in order that this appellant might first be tried, and it was so agreed between the defendants. At his trial appellant was convicted of manslaughter, with his punishment assessed at two years’ imprisonment in the penitentiary. The record is most voluminous, but so clear, concise, and satisfactory a statement of the case is…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of manslaughter and his punishment fixed at two years, from which he appeals. The deceased, a young man of 20 years of age, lived near the village of Teneha, in Shelby County, in which village the Butler family, consisting of a mother, three sons, and a young daughter 17 years old, resided. Appellant, also a son of Mrs. Butler, lived about two miles from town. He and Jodie were the two oldest brothers. A month previous to the homicide the deceased, who was connected with the family, and had been a visitor for several years of the family, was charged by…
2Cited by11 opinions
- Bradley v. StateCourt of Criminal Appeals of Texas · 1978
- People v. BrooksCalifornia Court of Appeal · 1986
- Medford v. StateCourt of Criminal Appeals of Texas · 1919
- Ex parte SimsCourt of Criminal Appeals of Texas · 1977
- Watt v. StateCourt of Criminal Appeals of Texas · 1921
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