Victery v. State

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

The deceased, Paul Bond, was a former employee in the store of appellant. The dying declaration of deceased reads as folows: “My name is O. P. Bond — I was in the field — Mr. Victery, H. B. Victery, came down to the field —Wanted me to tell him about some stuff that was going on between me and his wife and I told him he knew as much it as I did and he cursed me for a son of a bitch. And I told him that I was not going to take it off of him and he said that I guess that I would too this morning and he’pulled out his gun and began…