Legal Opinion

Swofford v. State

Court of Appeals of Texas

Decided July 1, 1877Published

Appeal from the District Court of Bosque. Tried below before the Hon. D. M. Prekdergast. The indictment charged the appellants and one J. D. Mayfield with the murder of J. G-. Dixon, on July 21, 1876. Mayfield escaped trial by turning state’s evidence.

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Appeal from the District Court of Bosque. Tried below before the Hon. D. M. Prekdergast. The indictment charged the appellants and one J. D. Mayfield with the murder of J. G-. Dixon, on July 21, 1876. Mayfield escaped trial by turning state’s evidence. Mayfield’s evidence unfolds a murder of unusual premeditation, perpetrated under cover of legal process, to satiate private vengeance; but it throws no light on the origin of the feud between Dixon and his assassins, except that one of them accused him of slandering a female relative. It seems that all the parties had been residents of Johnson…

1Opinion of the CourtWhite, J.

The two appellants in this case, John B. Swofford and Allen Marksbury, were indicted, with one J. D. Mayfield, in the District Court of Bosque County, for the murder of one J. G. Dixon. The murder is- alleged to have been committed on July 21, 1876, by hanging and stabbing the said J. G. Dixon.

On January 25, 1877, when the case was first called for trial, the defendants were duly arraigned, pleaded not guilty, and applied for and obtained a continuance on their affidavit. The record does not disclose the grounds of this first application for continuance. At the next term of *81court, a special…

2Cases cited9 opinions

  1. Shackelford v. StateTexas Supreme Court · 1875
  2. Bowman v. StateTexas Supreme Court · 1874
  3. Dinkens v. StateTexas Supreme Court · 1874
  4. Austin v. StateTexas Supreme Court · 1874
  5. Williams v. StateTexas Supreme Court · 1875

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