Williams v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

We are unable to agree with the appellant’s contention that the declaration of the deceased, Luke Williams, namely, “My wife shot me; I won’t lie to you,” was not a dying declaration. According to the testimony, as revealed by the bill of exception, Williams was conscious. He was aware of approaching death. He was severely wounded, and had been told by his physician that he could not live. The fact that the statement was made in reply to a question propounded does not render it inadmissible. The propounded question was not a leading one. It was…