Downing v. State

ON MOTION FOR REHEARING.

'MORROW, Presiding Judge.

— Doctor Freeman, a physician in the Abilene State Hospital, testified that he' was instructed to examine the deceased but to ask him no questions; that ■ during the examination the deceased gave information, either by words or actions, that he was conscious of the approaching death and said that he thought he was going to die or was about to “pass out.” He was rational at the time. He did not say in terms that he knew he was going to die. The deceased said that the attendant on No. 6 threw him down and stomped him. 'He catted no name. The…