State v. Smith

HAMITER, Justice.

The defendant, William ' Smith, was convicted and sentenced on a charge of his having murdered one Myrtis Bing. He is appealing.

The first of the four perfected bills of exceptions was ' reserved- in the following manner while Officer O’Rourke, a state witness under direct examination, was giving testimony relative to a statement made to him by the accused:

“Q. What did he say? A. He said, ‘I want to g'ive you this gun, I just shot my wife.’ By that time we were upon him and he gave the gun to Officer Perot. ■

“Q. Now, Officer O’Rourke, ■ he ■ -didn’t say, ‘My wife got shot’ ?…