Wilkerson v. State

The appellant was indicted for the murder of Sidney Jones, and on trial was found guilty of manslaughter and *862was sentenced to serve ten years in the state penitentiary, and from said judgment appeals.

The deceased and the appellant were near neighbors and the public highway ran by the preraises of each. Wilkerson, at the time of the killing, was engaged in plowing a ditch along the public highway, which ditch turned across the highway into the premises owned by Jones. The state’s evidence consisted of the dying declaration of the deceased Jones as to the beginning of the difficulty, together…