Condron v. State

(dissenting).—This is the second appeal of this ease, the former appeal being reported in 62 Texas Crim. Rep., 485. It is also a companion case to Overcash v. State, 67 Texas Crim. Rep., 148 S. W. Rep., 701.

I deem it unnecessary to make a statement of the facts except as may be incidentally connected with the legal questions discussed. The court gave the following charge:

“If on the day of the killing of the deceased, the defendant was in the grain house and feed store of W. J. Overeash, that was run in connection with a wagon yard, and was there carrying a pistol on and about his person, then…