Gardner v. Commonwealth

Opinion op the Court by

Judge Willis

Affirming.

Fred Gardner was convicted of the crime of manslaughter and. condemned to serve seven years ‘in the penitentiary. He has prosecuted an appeal, complaining that a dying declaration by his victim was inadmissible in evidence, that an instruction upon the law of self-defense was erroneously modified, and that the court committed an error in denying a motion to discharge the jury because of an impropriety on the part of a prosecuting attorney in his argument to the jury.

The facts are few and may be shortly stated. Gardner and Melvin Smith were present…