Brinson v. State

1. The first ground of the amendment to the motion for new trial assigns error on the admission in evidence of an alleged dying declaration of the deceased, (1) because it was not shown that he was in the article of death and conscious of his condition; (2) because it contained testimony showing other than the cause of death and who killed him; (3) because the declaration was made in response to questions asked the deceased.(a) On preliminary examination, the witness by whom the dying declaration was proved testified: “He said he was going to die, he couldn’t live. He says, ‘My entrails are…