Johnson v. State
Court of Appeals of Texas
Appeal from the District Court of Hunt. Tried below before the Hon, J. A. B. Putman. The indictment in this case charged the appellant with the murder of Griff Flippin, in Hunt county, Texas, on the second day of June, 1884. The conviction was for murder of the second degree, the penalty assessed against the appellant being a term of five years in the penitentiary. Will Green was the first witness for the State.
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Appeal from the District Court of Hunt. Tried below before the Hon, J. A. B. Putman. The indictment in this case charged the appellant with the murder of Griff Flippin, in Hunt county, Texas, on the second day of June, 1884. The conviction was for murder of the second degree, the penalty assessed against the appellant being a term of five years in the penitentiary. Will Green was the first witness for the State. He testified that he lived near Caddo Mills, in Hunt county, Texas. He was acquainted with the defendant, and, in his life time, knew Griff Flippin, who died on June 2, 1884, from the…
1Opinion of the Court
White, Presiding Judge.
The indictment in this case was for murder of the first degree. A motion was made by defendant to abate or set it aside because it was not the voluntary act of the grand jury, in this, that the said grand jury, after investigating the facts, unanimously agreed that the indictment should be for murder of the second degree, and so reported it to the district attorney; that the district attorney refused or declined to draw it for that degree, and told them that it could only be drawn for murder of the first degree. It appears that the regular judge of the court had been…
2Cases cited3 opinions
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- State v. OxfordTexas Supreme Court · 1867
- Cotton v. StateTexas Supreme Court · 1875
3Cited by15 opinions
- Shipman v. StateCourt of Criminal Appeals of Texas · 1980
- State v. EavesCourt of Criminal Appeals of Texas · 1990
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. KiddNew Mexico Supreme Court · 1917
- State v. StoneWashington Supreme Court · 1912
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