Johnson v. State
Court of Criminal Appeals of Texas
967 S.W.2d 410 (Tex. Crim. App. 1998)
Arnold Johnson (defendant) was accused of murdering Frank Johnson, Jr. At trial, the prosecution presented a statement made by an eyewitness to the murder, Reginald Taylor. The statement was made around the time of the murder and was signed by Taylor. At trial, Taylor did not cooperate with the prosecution when he appeared as a witness. Taylor claimed he did not remember giving the statement or what he said to the police or what happened the day of the murder. Taylor admitted his recollection of the murder was fresher when he gave the statement and admitted that it was his signature on the statement. The trial court permitted the statement to be read in its entirety to the jury. Johnson was convicted, sentenced to death and appealed.
Rule of Law
Holding and Reasoning (Mansfield, J.)
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