Howard v. State

MARTIN, Judge.

Appellant was convicted of the murder of N. V. Nixon, alleged to have been committed on or about the 19th day of September, 1920. The penalty assessed was death.

A former appeal of this case will be found reported in 103 Tex. Crim. Rep. 205.

The sufficiency of the evidence to identify the body found as that of the deceased as required by Art. 1204 of the Penal Code is under vigorous attack on this appeal. It is particularly insisted that the sex of the body found was no.t shown. A brief resume of the evidence is deemed necessary.

The State used as a witness an admitted accomplice,…