Stroud v. State

Offense, murder; penalty, three years in.the penitentiary.

The state introduced no eyewitnesses to the killing. An undertaker and the physician who attended deceased after the fatal difficulty were introduced as witnesses, and by the physician a predicate was laid for the introduction of the dying declaration of deceased, which contains the chief incriminating facts relied, on by the state for a conviction. From this we quote in part:

“After the election Stroud and I were reading the election returns and he said he would call his part of the bet off, and I told him no, we had the bet up. I told…