Johns v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that on Tuesday before the killing on Thursday, defendant and deceased had an altercation, in which deceased called defendant a d—d liar and thereupon defendant started towards deceased with a knife; the brother of the latter interfering, saying, “Don’t you strike him, John, if you do, Fll break your neck.”
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The State’s testimony showed that on Tuesday before the killing on Thursday, defendant and deceased had an altercation, in which deceased called defendant a d—d liar and thereupon defendant started towards deceased with a knife; the brother of the latter interfering, saying, “Don’t you strike him, John, if you do, Fll break your neck.” A general fight then ensued in which brick-bats and scantlings were used, but no serious harm was done, and the parties separated, the defendant saying as he went away: “Wait until I come back and Fll fix you.” ' . On Thursday, the day of the homicide, Lee…
1Opinion of the Court
HEMDERSOM, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of seven years; hence this appeal.
Appellant raised the question of the separation of the jury and presents a number of assignments on that subject. The record shows that, after the jury had been empaneled and were engaged in hearing the evidence, five of said jurors desired to leave the court room and go to the closet, which was situated in the court-house yard, for the purpose of answering a call of nature. They were permitted by the court to…
2Cases cited2 opinions
- Darter v. StateCourt of Criminal Appeals of Texas · 1898
- Walker v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by3 opinions
- Herrera v. StateCourt of Criminal Appeals of Texas · 1953
- Harris v. StateCourt of Criminal Appeals of Texas · 1987
- Harris v. StateCourt of Criminal Appeals of Texas · 1987