Ogletree v. State

1. When the accused in a trial for murder, alleged to have been committed by shooting, has been allowed to prove by a witness a positive declaration by the decedent that he did not know who shot him, it affords the accused no just cause of complaint that the court refused to permit the same witness to testify that the decedent further stated : “ If he [the accused] shot me, it was an accident.” The additional declaration was, under these circumstances, the mere statement of a conclusion, and one which was manifestly of no probative value whatever. Kearney v. State, 101 Ga. 803 ; Sweat v.…