Darby v. State

1. The motion by the accused for a continuance of the case on the ground of the' absence of a witness did not come up, in several particulars, to the statutory requirements (Pena'l Code, § 987), and the judge did not abuse his discretion in overruling it.

2. The court did not err in admitting the alleged dying declaration of the deceased, which, according to the- testimony, was made -a few hours before his death and when he believed that he was about to die. Under all the facts surrounding it, disclosed by the record, the jury were authorized to find that the deceased was actually in the…