Broadnax v. State

1. It is complanied that the court erred in admitting in evidence an alleged dying declaration. The brief of evidence discloses that the deceased was killed with a brickbat thrown from the rear, that the blow rendered him unconscious, and that upon regaining consciousness his first inquiry was as to why a certain person other than the defendant had struck him. He was then told that the brick bat was thrown by the defendant, and not by the other person. Hpon ascertaining this fact he made the dying *737declaration, the admission of which is complained of. The gist of the complaint was that the…