Johnson v. State

HAWKINS, Judge.

—Conviction is for murder. Penalty assessed at death.

This is the second appeal. The former opinion will be found reported in 86 Tex. Crim. Rep., 566, 218 S. W. Rep., 496. The present record contains evidence not shown on the former appeal. The witness who testified on the former trial that within five minutes after the shooting deceased told him “Old ‘It’ shot me,” said upon the latter trial, that in the same conversation deceased also said “I shot the man who shot me.” It appears from the record that appellant was the only person shot except deceased. Another witness, Brock,…