Brown v. State

(dissenting).—Appellant was convicted of murder in the second degree, and his punishment assessed at thirty years confinement in the penitentiary.

In an altercation occurring in the corridor of the St. George hotel in the City of Dallas a difficulty occurred between the appellant and Albert Sidney Johnson, in the course of which difficulty appellant shot deceased Johnson, from which wound, a short time after the difficulty, the deceased died. The State’s case is epitomized by the dying declaration of the deceased, which is as follows: “I live in Dallas, Texas, and work for the Southern Bock…