Commonwealth v. Belcher

OPINION op the Court by

Judge Dietzman

Certifying the law.

Appellee was indicted, charged with the offense of murder. On his trial, he was convicted of the offense of manslaughter, and sentenced to serve .two years in the penitentiary. His motion for a new trial was sustained on the ground that the court had erroneously admitted in evidence the dying declaration of Caudill Potter, the person whom the appellee was accused of killing. The commonwealth has appealed, asking that the law be certified as to whether this dying declaration should be admitted in evidence on the next trial or not.

The…