Stroud v. State

Offense, murder; penalty, three years in the penitentiary.

The State introduced no eye-witnesses to the killing. An undertaker and the physician who attended deceased after the fatal difficulty were introduced as witnesses and by the physician a predicate was laid for the introduction of the dying declaration of deceased, which contains the chief incriminating facts relied on by the State for a conviction. From this we quote in part:

"After the election Stroud and I were reading the election returns and he said he would call his part of the bet off, and I told him no, we had the bet up. I told…