
    SLOAN v. STATE.
    (No. 4928.)
    (Court of Criminal Appeals of Texas.
    June 12, 1918.)
    Homicide ⅜=>250 — Evidence—Stjtficiengy.
    In a prosecution for murder by. shooting, evidence held not sufficient to sustain a verdict off guilty.
    Prendergast, J., dissenting4.
    Appeal from District Court,. Johnson- County; O. L. Lockett, Judge.
    Henry Sloan was convicted of murder, and he appeals.
    Reversed and remanded.
    -E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of murder, the jury allotting him 25 years in the penitentiary.

Somebody killed deceased. He was shot. Deceased seems to have been to Dallas with a friend, not the defendant, and came home on the train to Cleburne, left tbe train with this party, and was later found dead on one of the resident streets of Cleburne. Shots were hoard in the neighborhood of where the body was found. Appellant’s home, who lived not far away from where deceased’s body was found, was searched. In his home was found a pistol recently discharged. Appellant was not at home, but was located later at the residence of his brother-in-law and arrested. The brother-in-law testified when appellant arrived at his home he made the statement that he was in trouble with white men; that he had killed a white man. This is the substance of the ease. The statement of appellant does not indicate when or where he killed the white man or when or where the trouble occurred with the white man. The state does not undertake to show otherwise than stated, or that the deceased, who was a white man, was the party indicated by appellant. We are of opinion this evidence is not sufficient to show that appellant killed deceased.

The judgment is reversed and the cause remanded.

PRENDERGAST, J.

(dissenting). While the evidence could have been made clearer and stronger against appellant, I believe it it sufficient to show his guilt. 
      <§=For other eases see same topic ana KEY-NUMBER in all Key-Numbered Digests and Indexes.
     