Berwick v. State

On the question of the admissibility of evidence given by witness as to a conversation with and a statement by one of the parties killed occurring before the killing and which was never communicated to appellant, the attorneys for appellant cite Branch’s Ann. Penal Code, Section 1930; Bromley v. State, 17 S. W. 140; Johnson v. State, 2 S. W. 609. Reporter.

MARTIN, Judge.

Offense, murder; penalty, death.

Appellant shot and killed Miss Bell Crow and William A. Byrd about eleven o’clock at night in the edge of a street in the City of Port Arthur.

It was the State’s theory and its evidence tended to…