State v. Fletcher

The defendant, Frank Eletcher, appeals from a judgment of conviction of murder in the second degree in killing one Charles Petre, and assigns error in the admission and rejection of evidence by the trial court.

1. A question is made that the ante mortem declarations of the deceased were improperly admitted, because, it is claimed, the evidence does not show that they were made under a sense of impending death. The deceased was shot through the head about eleven o’clock on the evening of the ninth of November, 1892, while in bed, from the effects of which he died about three o’clock on the…