Farley v. Commonwealth

Opinion of the Court by

Commissioner Sandidge

Affirming.

Appellant, John S. Farley, prosecutes this appeal from a judgment of the Harlan circuit court convicting him of the crime of murder and fixing his punishment at confinement in the penitentiary for life.

As a ground for reversal appellant urges that the trial court erred in admitting as part of deceased’s dying declaration the evidence that after the fatal 'shooting and wounding from which deceased died and when so far removed both in point of time and place from the fatal encounter as not to> constitute á part of the res gestaa appellant…