Beard v. State

O’BRIEN, Judge.

OPINION

Defendant, William Eugene Beard, appeals in error from his jury conviction of murder in the first degree and resulting sentence of twenty years and one day in the Penitentiary.

Six assignments of error are made. The 1st and 3rd assignments attack the weight and sufficiency of the evidence on the theory that a dying declaration was improperly admitted into evidence and any other evidence of conviction in the record is circumstantial and insufficient to warrant the verdict of the jury.

It is contended by defendant that the alleged statements by the deceased were not a dying…