Johnson v. State
Texas Supreme Court
Johnson v. State, 30 Tex. 748 (Tex. 1868)
Lindsay
Johnson v. State
Opinion of the Court
This was an indictment for murder charged to have been committed by the appellant. He was found guilty of murder in the first degree, by a jury, upon the evidence and the charge of the court. A reversal is now sought, upon the ground that express malice was not proved by the state, and therefore the verdict wás erroneous. We think there is enough in the testimony adduced upon the trial to show express malice, and we can perceive no such error in the charge of the court as to require our interference with the verdict and judgment of the court below. It is therefore
Asttrmed.
Reference
- Full Case Name
- Sam. Johnson, a Freedman v. State
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- There was evidence that the parties fought in the morning, and that the accused got worsted, whereupon he threatened that he would kill his adversary ; and three hours later the deceased was shot from a clump of bushes as he was passing along the roacPand killed; and the accused stated to a witness that evening that he had killed the deceased, and would do it again were he alive, and the jury found him guiltyzof murder in the first degree. There was sufficient proof of the lying in wait to show express malice, and to constitute murder in the first degree, and the verdict of the jury was not disturbed. (Paschal’s Dig., Art. 2267, Note 612.)