State v. Vallery

The opinion of the court was delivered by

Miller, J.

The defendant, convicted and sentenced for murder, appeals to this court, relying on several bills of exception.

One of these bills is to admission of testimony of the expression of the accused, that he would put fourteen buckshot into the deceased. The objection urged to this testimony was, that forming part only of the declaration of the accused, it could not be admitted, and it was hearsay. It appears by the bill that the wife of the deceased overheard the remark of the accused, that he would put the shot into the deceased. The remark was…