Wells v. Commonwealth

Opinion of the Court by

Judge Thomas

Affirming.

Appellant, Matt Wells, upon his trial in the Leslie circuit court under an indictment charging him with murdering Tim Lewis, was convicted of voluntary manslaughter and his punishment fixed at five years’ confinement in the penitentiary. On this appeal from the judgment pronounced on the verdict after his motion for a new trial was overruled he urges, through his counsel, hut one ground for a reversal of the judgment which is: That the court erred in admitting proof of a dying declaration of the deceased.

The hilling occurred in the dwelling of Ray…