Lee v. State

Appellant insists that the language of the dying declaration, set out in Bill of Exception Number Six, wherein deceased said that appellant "took and marched me up to the house," was the expression of an opinion and a conclusion of the deceased and was therefore inadmissible. As supporting this contention, appellant takes the position that the word "marched," as there used, conveys the idea that he forced the deceased to accompany him to the house.

If appellant's version be accepted, yet same would not be inadmissible as a part of the dying declaration but would constitute a shorthand…