Wilbanks v. State

(After stating the foregoing facts.) 1. The 1st special ground of the motion for a new trial alleges that the court erred in excluding from the evidence a certain statement of *270the deceased, made to her mother, Mrs. C. T. Goodwyne, a witness for the State, after the deceased had returned from a visit to Atlanta, as follows: “She (Virginia Clark) said that she went to the theatre or something, and it seemed like there was something broke, and she said she thought she wouldn’t be able to get back to the hotel, but she did.” The exclusion of this evidence is alleged to be error because it was…