Wimbish v. State

1. The trial judge admitted the following statement made, by the decedent as being prima facie a dying declaration: “He seemed to be conscious. He said that he could not live, and, after he said that, he called Olis [the accused], and some one asked him what- did he want, and he told Olis to act fair with him, that he had promised to kill him, and if he had knowed that he was going to kill him he would have begged him not to do it.” Held: There wás' no error in permitting this statement to go to the jury, with the instruction that it might be considered by them for the purpose of determining…