State v. . Fox

Tbe evidence, from the record, is sufficient, with or without the confession of defendant, to be submitted to the jury to sustain a verdict of murder in the first degree. S. v. Miller, ante, 445.

Tbe defendant excepts and assigns error to bis Honor’s permitting the witness Grant to testify as to the contents of the telegram sent by defendant Eox to Rosa B. Ellis. Tbe witness, however, was standing by and beard what Fox said. Not only this, but be saw the man write down on the blank what Eox said: “I seen the man write it.” He said, “I like to know what you are talking about,” and to wire bim…