State v. Molisse

The opinion of the Court was delivered by

Manning, J.

The defendant appeals from a sentence to five years” imprisonment at hard labour upon a conviction of manslaughter, and-presents but one question for our review.

He offered one McGruder as a witness to prove that the deceased,, ten minutes after he had been fatally shot, said to the witness “if he had not shewn himself so plucky and willing to fight he would never have been shot by the defendant.” The judge excluded the testimony because “it was not under the circumstances part of the res gestee and. was not said by the deceased under the…