Tolston v. State

MORROW, Presiding Judge.

The conviction is for murder; punishment fixed at confinement in the penitentiary for a period of forty years.

The facts are not materially variant from those stated in the opinion of this court on the former appeal. (See 88 Texas Crim. Rep., 269.)

Doctor Pullen, a physician and surgeon of twenty years practice; a graduate and post graduate of two reputable medical institutions; testified that he visited the deceased soon after he received the blow which afterwards proved fatal; that he shaved his head, cut a piece out of the scalp like a horseshoe, laid it back, and…