Johnson v. State

• Decision Date: 04 November 1964
• Docket Number: No. 37172,37172
• Citation: 384 S.W.2d 885
• Parties: Andrew JOHNSON, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 885

384 S.W.2d 885

Andrew JOHNSON, Appellant, v. The STATE of Texas, Appellee.

No. 37172.

Court of Criminal Appeals of Texas.

Nov. 4, 1964.

Rehearing Denied Dec. 16, 1964.

Mac L. Bennett, Jr., W. T. Bennett, Huntsville, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The appellant was convicted for assault with intent to murder, and his punishment was assessed at two years.

The testimony of the state reveals that Freddie Short, the injured party, went to the house of Salome Mosley around 12:30 or 1 A.M. to get his young son who was asleep in a small house about 36 feet from Salome's house. Short parked his car, with the lights shining on the small house. While Short was trying to open the door, appellant arrived and parked his car behind Short's, jumped out, and with a shotgun held down at his side ran between the two houses. When someone in the large house screamed 'Gooch, don't shoot that man,' Short turned, facing appellant, who said, 'I knowed I'd catch you', and Short threw up both hands and said 'Don't shoot me, Gooch. Don't shoot me, please. I ain't done nothing to you.' Then appellant, standing about midway between the two houses, raised the shotgun to his right shoulder and fired. After Short ran behind the small house and removed some splinters from his face, he saw the appellant get in his car and leave. Short ran to his car to go to the hospital and when he got to hes car he turned his lights off, and then saw the appellant turn and start back. Then Short ran into some bushes and hid. When appellant got back to Short's automobile he jumped out of his own car and asked: 'Who pushed out these G_____ d_____ lights?', saying also, 'Salome, you're trying to help him * * *. If you stick you- G_____ d_____ head out that door I'll blow your G_____ d_____ head off, because I'm going to kill him, G_____ d_____ it, if it's the last thing I do.' The evidence shown that shotgun pellets damaged the screen door and the wooden door. At this time appellant's mother arrived and they left the scene. Short went to the hospital and the doctor removed some splinters and wire from his face.

The appellant did not testify but called several witnesses who testified that he bore a good reputation.

The sheriff, also called as a witness by the appellant, identified a written statement which appellant made to him shortly after the shooting.

The statement, introduced in evidence by appellant, recites, in part, that he (appellant) had been going with Salome Mosley eighteen years; that he had heard Short was trying to go with her; that he followed him to her house; that he took with him a 12-gauge shotgun, with No. 4 shot, with which, in order to scare him, he shot at the door where the appellant was standing. He further testified that he had been giving Salome money and was terribly in debt.

The arresting officer, Darby, testified on cross-examination that appellant told him he just shot to scare Short.

It is contended that the trial court erred in failing to quash the indictment on the grounds that it was so general, vague, and indefinite that it did not apprise the appellant of sufficient facts to enable him to intelligently defend against it; and that, having alleged that the appellant did 'shoot at Freddie Short with a shotgun,' (Emphasis added) it was necessary to...