Henry v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder and the jury awarded him eight years in the penitentiary.

A bill of exceptions recites that the sheriff of the county was permitted to reproduce the testimony of appellant given on a former trial to the effect that he, appellant, shot deceased twice with a shotgun. This testimony was not subject to the exception that the State could not reproduce the testimony of defendant given on a former trial. The decisions hold the other way. This holding is without exception in the jurisprudence. At what stage of the trial, this testimony was…