Lister v. State

Citations

• 1 Tex. Ct. App. 739

Syllabus

<p>1. Dying Declarations.—See evidence held sufficient to satisfy the statutory requirements of the predicate necessary to proof of dying declaration. Pase. Dig., Art. 3125.</p> <p>2. Same as Proof of Name of Deceased.—The dying declarations of the party killed are competent evidence to prove his name as laid in the indictment.</p> <p>3. Charge of the Reasonable Doubt as between the Degrees of Murder.—See the opinion for distinction taken between the present case and the case of Murray v. The State, ante p. 417, relative to the necessity of giving in charge to a jury, in a murder case, the doctrine of reasonable doubt as between the degrees of culpable homicide.</p> <p>4. Arraignment.—This being a case of murder, and the record failing to show that the accused was arraigned, or pleaded to the indictment, the judgment of conviction is reversed on the grounds enunciated in the case of Early v. The State, ante p. 248.</p>