Pace v. State

HARPER, Judge.

This is the third appeal in this case, the report of the opinions on the former appeals being reported in 58 Tex. Crim. Rep., 90; 124 S. W. Rep., 949; 61 Tex. Crim. Rep., 438, and 135 S. W. Rep., 379. In those cases will be found a sufficient statement of the evidence to render it unnecessary to state the facts here. Appellant was again found guilty of murder in the second degree, his punishment being assessed at five years confinement in the penitentiary.

Defendant filed an application to continue the ease on account of the absence of Mrs. John Pricks and Charley Kyle. In…