Rains v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for two years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed George Batalis by shooting him with a gun.

The case was tried in Harrison County on a change of venue from Gregg County.

According to the testimony of the State, appellant killed deceased without provocation. Appellant gave testimony which raised the issue of self-defense.

Bill of exception No. 1 is concerned with the introduction in evidence of the declaration made by the deceased a few minutes…