Duke v. State

Head, Justice.

The State’s case rests entirely upon the testimony of Sheriff J. B. Brooks, since the testimony of the other witness sworn for the State, Cleveland Thompson, does not purport to state any fact pertaining to the homicide. In so far as the record shows, no objection was interposed at any time to the testimony of the sheriff. If the statements of the deceased as testified to by the sheriff were dying declarations as provided by the Code, § 38-307, they were properly admitted in evidence. Hawkins v. State, 141 Ga. 212 (80 S. E. 711); Fitzpatrick v. State, 149 Ga. 75 (99 S. E. 128).…