Shirley v. State

Daniel Shirley was placed on trial for the murder of William Simmons by shooting him with a pistol. The defendant was convicted, and in the verdict was recommended to the mercy of the court. The exception is to a judgment overruling his motion for a new trial.

The court admitted, over the objection that it was hearsay, a declaration of the deceased, uttered about ten o’clock Saturday morning before the body was found, on the following Monday: “Pap, I have got to go off and help Daniel Shirley grind some malt.” The declarant and Shirley [defendant] had engaged in a conversation, after which…