Emmett v. State

Bell, Presiding Justice.

(After stating the foregoing facts.)

The grounds of the motion for a new trial as designated by numerieals in this opinion will refer to the grounds as they appear in the amendment of the motion, but they will be considered in a somewhat different order.

In grounds 1, I, and 5 the movant complained of the admission of testimony of R. G. (Glenn) McConnell, R. G. McConnell Jr., and Sheriff A. W. Bell, as to statements made by the deceased and offered by the State as dying declarations. All of these witnesses testified regarding a statement made by the deceased at the…