Smith v. State

The appellant was indicted in the circuit court of Jones county for the murder of C. M. Strickland, was convicted of manslaughter, and sentenced to the penitentiary for a term of ten years. From that judgment he prosecutes this appeal.

On the trial Strickland’s alleged dying declaration was admitted over appellant’s objection. The alleged dying-declaration was damaging- evidence against appellant. That action of the court is assigned and argued as error.

The deceased was shot by appellant, and lived about seventy-two hours. He was in Dr. Cranford’s hospital a few minutes after he was shot, and…