Montgomery v. State

Appellant was convicted of the offense of manslaughter in the first degree, and his punishment fixed at four years in the penitentiary.

The deceased, Leonard Dotson, a 12 year old boy, was shot with a pistol and killed while riding along a public highway about 11 o’clock at nightr

The state’s case, based largely upon the testimony of its chief witness, Russell Dotson, the 14 year old brother of deceased, corroborated in some respects by a “dying statement” of the deceased as testified to by his mother, was to the effect:

That deceased and the said Russell Dotson, who were riding mules, overtook…