Briscof v. State

Conviction was for murder. Punishment was assessed at twenty years in the penitentiary. This is the second appeal. The opinion as reported on the former hearing will be found in 87 Tex. Crim. 375. The facts developed on the subsequent trial were substantially the same as appears in the former opinion, and will not be set out here unless in connection with the discussion of some assignment of error it becomes necessary to revert to some portion of the testimony.

In rebuttal the State proved over appellant's objection by a son of deceased that the latter's eyesight was very bad, and he could not…