Colbert v. State

MORROW, Presiding Judge.

The conviction is for murder; penalty assessed at confinement in the penitentiary for five years.

To secure a reversal, the appellant relies upon two bills of exception. In the first bill is set out the testimony of Bige L. O’Neal, who was not present at the trial but whose testimony given upon the former trial of the appellant was reproduced. In the bill it is shown that the appellant was convicted at a former trial for the same homicide upon which the present conviction was had, and on appeal to this court there was a reversal of the judgment. See Colbert v. State,…