Johnson v. State

DAVIDSON, Presiding Judge.

This is the second appeal. In this as on the former appeal, appellant was allotted the death penalty. (Johnson v. State, 88 S. W. Rep., 223.) The evidence in this record is widely different from that presented on the former appeal. Much of the evidence with reference to confessions contained in the former record was not placed before the jury on the second trial. Nor did appellant put any testimony before the jury.

When the case was called for trial appellant requested the court to change the venue, filing his individual affidavit that he could not obtain a fair and…