Bowen v. State

■ Appellant was convicted oí murder in the second degree. Many exceptions were reserved.

The state’s witness Green was allowed to testify: “He (meaning deceased) appeared to me to he dead.” The objection is that this was a mere conclusion, an opinion of the witness, invasion of the province of the jury. The court thinks it was a shorthand rendering of the facts, which in the ordinary case— that is. a case not marked by catalepsy or something of that sort — -are plain enough. Deceased had collapsed under several pistol wounds, of which the evidence as a whole shows without conflict he died…