State v. Davis

Statement of the Case.

MONROE, J.

Defendant, having been convicted of murder without capital punishment, and duly sentenced, presents his case to this court on a bill of exception to the refusal of the trial judge to permit the following question to be asked of a witness on the stand, to wit:

“Did deceased, Richmond Smith, the day before the homicide, state to you that he intended killing said defendant, John West Davis?”

The question, according to the statement of counsel, as recited in the bill, “having been asked for the sole purpose of showing who the aggressor was, at the time of the…