Johnson v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at fifty-one years in the penitentiary. This is the second appeal. The first may be found in the 63 Texas Crim. Rep., 50, 138 S. W. Rep., 1021.

The dying declaration of the deceased, over appellant’s objections, was permitted to go to the jury. It reads as follows and was introduced through the witness Watson, the physician who attended the deceased, McGuffey, after he was shot: “Deceased said, T went up to that man’s place; I do not call any names, but I went up there to collect a…