JOHNSON v. STATE

No. 36123.

378 S.W.2d 76 (1964)

Joseph JOHNSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 1, 1964.

Second Motion for Rehearing Denied May 6, 1964.


Attorney(s) appearing for the Case

Joe J. Newman, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the 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Our prior opinion is withdrawn and the following substituted in lieu thereof.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 record.

Appellant's confession, the voluntary nature of which is not questioned except...

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