Cotney v. State

CARR, Judge.

Appellant was tried upon an indictment charging murder in the first degree. He was convicted of murder in the second degree.

The evidence is in irreconcilable Conflict ; that for the State tended to show a deliberate and intentional homicide; that for the defendant tended to show the shooting was accidental.

The lower court held that in the effort made by appellant to introduce an alleged dying declaration of deceased a proper predicate was not proven for the introduction of same. This is the only question presented by the record that merits our discussion. This seems, also, to be…