Kilburn v. State

OPINION

DWYER, Judge.

From an involuntary manslaughter conviction by a jury with judgment pronounced thereon, this appeal flows, with two basic assignments of error pertaining to the admission into evidence of a dying declaration and the statement of the youthful defendant. The punishment as assessed by the jury was confinement in the county jail for 11 months and 29 days.

This tragedy occurred in a residence located near Owl City, in Lake County, on September 26, 1971, around 1:30 p. m. The young female victim was thirteen years of age and was visiting in the home of the defendant, playing and…