Berry v. Commonwealth

Opinion by

Judge Peters :

Appellant and Joseph Sampson, between whom angry words had passed, by mutual consent, engaged in a personal conflict, in which Sampson was stabbed and killed; appellant.was indicted for the homicide, found guilty by the jury who tried him; and the court below, after having overruled his motion for a new trial, rendered judgment of death against him, and he has appealed to this court for a reversal of that judgment. On the trial, Thomas Wilson was introduced as a witness by the attorney for the commonwealth, to prove statements made by appellant in a conversation with…