Ex Parte Johnson

Court of Criminal Appeals of Texas

Ex Parte Johnson

208 S.W. 518, 84 Tex. Crim. 535, 1919 Tex. Crim. App. LEXIS 57

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 5, 1919

DocketNo. 5329.

StatusPublished

Cited by2 cases

This text of 208 S.W. 518 (Ex Parte Johnson) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Johnson, 208 S.W. 518, 84 Tex. Crim. 535, 1919 Tex. Crim. App. LEXIS 57 (Tex. 1919).

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Opinion

LATTIMORE, Judge.

This is an appeal from the order and judgment of the Criminal District Court of Bowie' County refusing the relator bail.

Belator stands charged by indictment with the offense of murdef alleged to have been committed on the 28th day of December, 1918, and the lower court, after hearing the evidence, entered its order remanding the relator to the custody of the sheriff of said county, from which he has appealed. .

We forbear any extended discussion of the evidence in this case in view of the fact that it will be tried in the courts.

This court, in the case of Ex parte Firmin, 60 Texas Crim. Rep., 222, holds that the burden is upon the State to establish a case of murder in the first degree, and can not he upon the relator, and that unless the record of the case, as presented to this court, shows that the State has made out that sort of case bail will be granted.

*536 The record discloses no evidence of ill-will between the parties prior to the night of the 25th of December, 1918, at which time the nncontradicted evidence shows that deceased, while under the influence of liquor, made an assault upon the relator and ran him away from the place where he was staying, and used much rough language towards him, and apparently, towards his wife. The wife and sick baby of relator also left the house, and the wife testified on this hearing that when she got to her husband and told him what language the deceased used toward her that he walked the floor and cried. The evidence further shows that either the next day or the day following, relator sent word to the deceased that he wanted to see him and make friends, which meeting as requested, was by the deceased refused. Subsequently the two men met on the morning of the 28th and the shooting occurred.

The record as made in the court below is not such as to satisfy this court’s mind that the State has met the burden imposed upon it- and the judgment of the lower court is reversed and bail fixed in the sum of $7500, upon giving which the relator will be discharged.

Bail granted.

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LATTIMORE, Judge.

This is an appeal from the order and judgment of the Criminal District Court of Bowie' County refusing the relator bail.

Belator stands charged by indictment with the offense of murdef alleged to have been committed on the 28th day of December, 1918, and the lower court, after hearing the evidence, entered its order remanding the relator to the custody of the sheriff of said county, from which he has appealed. .

We forbear any extended discussion of the evidence in this case in view of the fact that it will be tried in the courts.

This court, in the case of Ex parte Firmin, 60 Texas Crim. Rep., 222, holds that the burden is upon the State to establish a case of murder in the first degree, and can not he upon the relator, and that unless the record of the case, as presented to this court, shows that the State has made out that sort of case bail will be granted.

*536 The record discloses no evidence of ill-will between the parties prior to the night of the 25th of December, 1918, at which time the nncontradicted evidence shows that deceased, while under the influence of liquor, made an assault upon the relator and ran him away from the place where he was staying, and used much rough language towards him, and apparently, towards his wife. The wife and sick baby of relator also left the house, and the wife testified on this hearing that when she got to her husband and told him what language the deceased used toward her that he walked the floor and cried. The evidence further shows that either the next day or the day following, relator sent word to the deceased that he wanted to see him and make friends, which meeting as requested, was by the deceased refused. Subsequently the two men met on the morning of the 28th and the shooting occurred.

The record as made in the court below is not such as to satisfy this court’s mind that the State has met the burden imposed upon it- and the judgment of the lower court is reversed and bail fixed in the sum of $7500, upon giving which the relator will be discharged.

Bail granted.

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Bluebook (online)

208 S.W. 518, 84 Tex. Crim. 535, 1919 Tex. Crim. App. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-johnson-texcrimapp-1919.

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