Casey v. State

BBOOKS, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life.

Appellant’s ninth assignment of error complains that the Court erred in refusing to permit appellant to prove by witness A. B. Brandon, the res gestee statement of the boy, By Casey, occurring on the sidewalk in front of the building where the killing occurred, and within fifteen feet of the immediate place of the killing, and about one and a half minutes aftér the killing while said boy was greatly agitated and crying. The statement made to the witness…