Patty v. State

THOMAS, Justice.

The indictment and conviction were for murder in the first degree. The punishment was fixed “at life imprisonment.”

No question is presented as to the arraignment, venire or form of verdict. The questions presented for decision on the appeal relate to the introduction of evidence and the refusal of requested charges.

The difficulty out of which the death of deceased arose is a part of the res gestae of the homicide, and when the whole evidence is considered, the statement of the defendant in regard to keeping the pigs out of the yard was admissible as a part of the res gestae.…