State v. Levy

Tbe defendant was first tried át tbe March Special Term, 1923, before Judge Horton, but a mistrial was bad at that term because *583of tbe inability of the jurors to agree on a verdict. It appeared in the progress of the trial that W. 0. Callahan, a deputy sheriff of Cumberland County, was shot on the morning of 24 February, 1923, and died about 4 o’clock that afternoon while in the Highsmith Hospital at Fayetteville. The deceased, about an hour before his death, fully conscious of impending dissolution, stated to his nurse, Miss Andrews, now Mrs. Wise, according to her testimony, that he knew…