State v. Price

O’NIELL, Chief Justice.

The defendant was prosecuted for murder and convicted of manslaughter, and is appealing from the conviction and sentence. He shot and killed a man named Charles A. Carruth, in a personal difficulty, and pleaded self defense.

Of the several bills of exception relied upon by the appellant the one that seems most important is one that was reserved to a ruling of the judge allowing a witness, named James Carroll, to testify to a so-called dying declaration made by Carruth soon after he was shot. The importance of the judge’s ruling is shown by the facts of the case. Price…