Tait v. State

LATTIMORE, Judge.

This is the second appeal. See 260 S. W. 584. The facts are sufficiently stated in the former opinion. The conviction is for murder, penalty ten years in the penitentiary.

We discuss the errors in the order in which same appear in appellant’s brief. We are confused by the brief which refers to assignments of error instead of to bills of exception, and in our opinion will refer only to said bills of exception.

Bill No. 1 sets out that the witness Brinkley swore to a statement made by deceased a short time after being shot, to the effect that he came to see his mother and…