Johnson v. State
Court of Appeals of Texas
Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. This is the second appeal prosecuted by this appellant from conviction for the rape of Annie Knuppel, on the twenty-sixth day of January, 1886. The penalty assessed on this last trial was death.
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Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. This is the second appeal prosecuted by this appellant from conviction for the rape of Annie Knuppel, on the twenty-sixth day of January, 1886. The penalty assessed on this last trial was death. The testimony adduced on the two trials was substantially the same, and for the purposes of this Report it is deemed sufficient to state, in succinct form, the substance of the proof upon the one contested issue of fact, which involved the identity of the accused, and to refer to the former report of this case…
1Opinion of the Court
White, Presiding Judge.
Appellant’s record now before us presents a second appeal taken by him in this case. He has twice been convicted of rape—his punishment the first time being assessed at imprisonment in the penitentiary forf/ninetynine years, and on the second trial, from which this appeal is taken, there is an assessment of the death penalty as his punishment. (Johnson v. The State, 21 Texas Ct. App., 368.)
In the view we take of the present record, and of the duty devolving upon us as to the disposition to be made by us of the ■case here presented, it is unnecessary, and would perhaps…
2Cited by9 opinions
- Marquez v. StateCourt of Criminal Appeals of Texas · 1987
- Shipman v. StateCourt of Criminal Appeals of Texas · 1980
- Galaviz v. StateCourt of Criminal Appeals of Texas · 1917
- Bennett v. StateCourt of Criminal Appeals of Texas · 1965
- Patton v. StateCourt of Criminal Appeals of Texas · 1926
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