Rawls v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant again urges that the dying declaration of May (deceased) was erroneously admitted in evidence, it being appellant’s claim that deceased was not shown to have been conscious of approaching death. The disposition of the bill bringing forward such complaint might well have been rested on the omission therefrom of a statement that the bill contained all the predicate upon which the declaration was admitted. See section 1864 Branch’s Ann. Tex. P. C., and authorities cited. Later cases are Kennamer v. State, 93 Texas Crim. Rep., 430, 247 S. W., 560;…