Hayes v. State

■Cobb, E. J.

1. On a trial for murder, the fact that the deceased, has testified against the accused on a trial for gaming is relevant as tending to show motive; and the indictment against the accused for gaming and the sentence founded thereon are admissible in evidence. Especially is' such evidence admissible when it appears that the accused has made a threat against the deceased, stating at the time the threat was made that the deceased had “turned him up” for gambling. Butler v. State, 91 Ga. 161 (1), and case cited.

2. When on such a trial a witness for the prosecution has testified that…