State v. Poole

The defendant was indicted for murder, and convicted of manslaughter. His appeal presents 11 Bills of Exception; as follows:

Bill of Exception No. 1.

Willie Cole was permitted to testify that about an hour after the shooting the accused told him (the witness) that if his (the accused’s) pistol had not hung fire the deceased would not now (then) be “taking on.” This was objected to as not being the whole conversation on that subject. But the witness says it was. It was also objected to as not being part of the res gestee, and as irrelevant. But the trial judge says the evidence showed that when…