Clements v. State

Appellant, Marvin Clements, was charged in an information in the western district of Lawrence county, with the murder of Carson Higginbotham, and upon a trial was convicted of murder in the second degree and his punishment fixed at five years in the state penitentiary.

He appeals to this court and assigns twelve different grounds upon which he relies for a reversal.

We consider them in the order presented.

It is first 'contended that the trial court erred in admitting in evidence the purported written dying declaration or statement of deceased, on the ground that no proper foundátion for its…