State v. Thompson

Mr. Chirp Justice Bean

delivered the opinion.

1. The defendant was indicted, tried and convicted of murder in the second degree for the killing of one Alex Goerieke by stabbing him with a knife, and appeals, assigning as error the admission in evidence of the dying declaration of Goerieke, and an instruction that evidence that Goerieke was a dangerous and desperate man was admitted only as bearing on the question of who was the aggressor in the affray resulting in his death. The killing is admitted, but defendant claims and offered evidence tending to show that he was assaulted by the deceased,…