Stroud v. State

CALHOUN, Judge.

— Appellant was convicted of murder; his punishment was assessed at five years in the penitentiary.

This is the second appeal of this case; the former appeal is reported in 113 Texas Crim. Rep., 621, 24 S. W. (2d) 52.

The facts in this case are not materially different from those upon the former appeal which were set out at some length in that case, except in this case it appears from the record that the state' offered the testimony of the sister of the deceased in regard to the dying declaration made by the deceased.

The testimony in brief shows that the altercation which…