Johnson v. State

Citations

• 33 Tex. 570

Syllabus

<p>1. Iu tie enactment of the acts oí Congress known as the reconstruction laws, the National Legislatuie has used its legitimate powers with moderation and magnanimity, endeavoring to encourage the formation of republican governments in tbe rebel States, and to bring their people back to a due appreciation of law, and of that liberty which is secured to every citizen under the Constitution of the United States.</p> <p>2. The third section of the act of Congress of March 2, 1867, entitled “ An act to provide for the more efficient government of the rebel States,” clearly recognized the existence within those States of local civil tribunals, with competent jurisdiction to try criminals; and the military commanders, who were charged with the administration of that and the amendatory acts of Congress, uniformly allowed such tribunals to continue in the exercise of their powers.</p> <p>S. The Criminal Court of the county of Harris was created by the Legislature of 1866, and was in existence when the reconstruction laws of Congress were passed, and neither by them nor by any order of the military commanders has it been abolished. On the contrary, section four of General Orders No. 74, dated Headquarters Fifth Military District, April 16, 1870, directs all civil officers to continue their functions until relieved by qualified successors.</p> <p>4. The Criminal Court of the county of Harris was a legal tribunal in April, 1870, with competent jurisdiction to try criminals.</p> <p>5. There is no legal principle requiring a jury to disbelieve the evidence of an accomplice; though it is positive law in some of the States, and the better opinion in this one, that uncorroborated evidence of an accomplice will not support a conviction.</p> <p>6. In the course of the trial of one of several defendants who were jointly indicted for murder and had severed in their defenses, the court below allowed the district attorney to call up the ease of another one of the defendants, and to ent