State v. Lewallen

— The indictment charges that defendant shot Delia Dickerson, April 12, 1923, and that she died the same day.

*383*382The errors relied upon, for reversal are that the court admitted evidence as to the declarations of witnesses who were present at the time of the shooting. The defendant claims that *383the declarations were not admissible as -part of the res gestae. The State contends, and the trial court in its discretion held, that the evidence was admissible. It is also assigned as error that the court erred in permitting a witness to refresh his recollection from a record, and that the verdict is…