Fox v. State

LATTIMORE, Judge.

— Appellant was convicted in the criminal District Court of Harris County of the offense of murder, and his punishment fixed at confinement in the penitentiary for five years.

The chief complaint of appellant as presented to this court relates to the admissibility of the reproduction of the testimony of certain witnesses who appeared on behalf of the State at the examining trial of appellant in 1918, and whose testimony, upon predicates hereafter discussed, was admitted upon the instant trial.

As to one of said witnesses, a Mr. Belser. it was admitted that he was dead at the…