State v. Bovino

The opinion of the court was delivered by

Garrison, J.

The plaintiff in error, Vincenzo Bovino, commonly known as Jimmy Bennett, was indicted for the *587murder oí Frank Miserentino, commonly known as Frank Baker, who, on the night of April 21st, 1914-, was shot and killed in a dance hall in the city of Newark.

The affirmative defence of the accused was an alibi. At the trial, witnesses for the state testified that a few moments before his death, Baker, in answer to the question, “Who shot you?” said, “Jimmy Bennett,” which was admitted in evidence as a dying declaration.

The argument of counsel in…