Legal Opinion

Johnson v. State

Court of Criminal Appeals of Texas

Decided December 19, 1900No. 2302PublishedCited by 13 opinions

Appeal from the District Court of Harrison. Tried below before Hon. W. J. Graham. Appeal from a conviction for murder in the second degree; penalty, seven years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of John Fletcher Williams, on the 10th day of March, 1899, by striking him with a stick. The important facts of the killing are sufficiently stated in the opinion.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at seven years confinement in the penitentiary, and he prosecutes this appeal.

Appellant excepted to the evidence of Post, on the ground that it was not competent for the State to show by said witness what the State’s witness Warren and defendant’s witness Fields had stated in his presence in regard to the difficulty. The testimony was clearly competent as to the witness Warren to corroborate and sustain him, inasmuch as the defendant introduced testimony to impeach him, tending to show that he…

2Cases cited2 opinions

  1. Fitch v. StateCourt of Criminal Appeals of Texas · 1896
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by13 opinions

  1. Taylor v. StateCourt of Criminal Appeals of Texas · 1920
  2. Naugle v. StateCourt of Criminal Appeals of Texas · 1931
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1901
  4. Merka v. StateCourt of Criminal Appeals of Texas · 1917
  5. Lee v. StateCourt of Criminal Appeals of Texas · 1903

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