Fleming v. State

MORROW, Presiding Judge.

The offense is murder; punishment fixed at confinement in the penitentiary for life.

The facts, to some extent, are embraced in the opinion of this court in Ex parte Fleming, 97 Texas Crim. Rep. 305.

Annie Fleming, wifé of the appellant, received a gunshot wound from which she died.

From the dying declaration of the deceased, introduced by the State, we take the following:

“I got my things fixed up then so I could go down to mama’s. So after dinner he fooled around. I was not going to leave until after he left. So he took his shoes down to the ear and fooled around there…