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…
1Opinion
Adhering to what I stated in my concurring opinion on the original hearing, I wish to say, in connection with the majority opinion overruling the State's motion for rehearing, that upon a careful review of the matters involved and decided I am convinced of the correctness of what I formerly wrote.
Two issues were presented and decided on the trial for killing his wife: First, that appellant killed his wife by an independent act and not in connection with shooting at Butler; second, that he killed her in killing Butler. There were two phases presented by the latter proposition: one by the…
2Cases cited6 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Gelston v. HoytSupreme Court of the United States · 1818
- Augustine v. StateCourt of Criminal Appeals of Texas · 1899
- Cooper v. CommonwealthCourt of Appeals of Kentucky · 1899
- Providence Banking Co. v. Webster CountyCourt of Appeals of Kentucky · 1900
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