Foutch v. State

The defendant was convicted in the *713Circuit Court of DeKalb County of murder in the second degree, and sentenced to the penitentiary for eleven years. He appealed, and has assigned many errors. In the view we take of the case, it is only necessary to notice one of them, as it is fatal to the conviction.

A brief statement of the facts is, that defendant shot and killed Stanton Malone, on December 25, 1893, no one witnessing the killing but the participants. Malone made a dying declaration as to how the killing occurred, and defendant testified as a witness for himself. It is sufficient to say of…