East v. State

OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, five years.

Appellant’s first ground of error is the exclusion by the court of certain testimony from Officer Alvarez. From counsel’s statement to the court it appears that such was an oral declaration made by appellant thirty-five minutes after the homicide and while he was in custody. We are not called upon to pass upon the question of whether the statement was a part of res ges-tae, because nowhere in this record do we find what the witness would have testified to had he been permitted to testify. Counsel offered…