Henderson v. State

Atkinson, Presiding Justice.

(After stating the foregoing facts.) From the brief of evidence it is clear that the deceased was murdered. The question before the jury was whether the accused was the person who did the killing. Identity was the vital issue. Upon this question the evidence was substantially the same as on the previous trial, with the additional testimony *74of the sole eyewitness that-—-after having seen and heard the accused at the scene of the crime, subsequently when interrogated by officers, and again at the previous trial—in her opinion the accused was the party who shot…