Goynes v. State

The appellant was indicted for murder in the first degree and was convicted of manslaughter, and his punishment fixed at five years in the penitentiary.

It was alleged that he shot and killed one Jesse Campbell. The only assignments of error are as follows : (1) The prejudicial testimony of witness Homer Burke. (2) The error in admitting over appellant’s objection the purported dying! declaration of the deceased, Jesse Campbell.

It would serve no useful purpose to set out the testimony, as there is no contention that the evidence is not sufficient to support the verdict..

The testimony of Homer…