Johnson v. State

MORRISON, Judge.

The offense is murder; the punishment, death.

Our prior opinion is withdrawn and the following substituted in lieu thereof. Upon reconsideration of this case, we have concluded that it is one in which, other than the plea of not guilty, no affirmative evidence or defense was introduced by appellant. With that premise in mind, we will again review the record.

Appellant’s confession, the voluntary nature of which is not questioned except as will be discussed later in this opinion, admits that he fired his pistol at the deceased as he (appellant) ran away from an armed robbery…