Spannell v. State
Court of Criminal Appeals of Texas
The following statement which we copy from appellant’s supplemental brief is substantially correct: “Appellant when arrayed at Coleman charged with the murder of Major Butler, at the proper time, filed and presented a proper plea of former jeopardy, and also of res adjudicate, of the main issue in the case, based upon the verdict of acquittal in San Angelo upon the charge of murder of his wife.
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The following statement which we copy from appellant’s supplemental brief is substantially correct: “Appellant when arrayed at Coleman charged with the murder of Major Butler, at the proper time, filed and presented a proper plea of former jeopardy, and also of res adjudicate, of the main issue in the case, based upon the verdict of acquittal in San Angelo upon the charge of murder of his wife. His contention being that as it all occurred in one continuous transaction and within a few seconds and that there was only one intent, one purpose, and one volition on his part, that there could not…
1Opinion of the Court
Appellant was convicted of the murder of M.C. Butler. Appellant, his wife and deceased were in an automobile together, at night, and Major Butler and Mrs. Spannell were killed. Appellant claimed, and testified, that Major Butler assaulted him, and that several shots were fired by him at Major Butler with no intent to injure Mrs. Spannell. He was indicted in separate indictments for each of the homicides, was tried and acquitted for the murder of his wife, and filed in this case a plea of former acquittal based upon the proposition that the two homicides, resulting from a single act and…
2Cases cited11 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Clem v. StateIndiana Supreme Court · 1873
- Cooper v. CommonwealthCourt of Appeals of Kentucky · 1899
- Herera v. StateCourt of Criminal Appeals of Texas · 1896
- Cook v. StateCourt of Criminal Appeals of Texas · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Commonwealth v. HudeSupreme Court of Pennsylvania · 1980
- State v. ToombsSupreme Court of Missouri · 1930
- People v. BrannonCalifornia Court of Appeal · 1924
- Turner v. StateCourt of Criminal Appeals of Texas · 1969
- Commonwealth v. GallarelliMassachusetts Supreme Judicial Court · 1977
35 more not listed; retrieve them via the Exa API.