Matthews v. State

MARTIN, Judge.

Offense, murder; penalty, five years in the penitentiary.

This killing happened at a negro emancipation celebration. The participants and practically all the witnesses were negroes. The testimony as to what happened is in its usual confused condition when given by members of this race. The substance of the dying declaration of deceased is that he was shot in the back by appellant while he was an observer of a difficulty between two other negroes. The State’s testimony as well as that of the appellant shows that a controversy had occurred between Floyd Clark, the deceased, and…