Burchfield v. Commonwealth

Opinion op the Court by

Judge Cammaok

Affirming.

Jake Burchfield shot and killed Bill Miller with a pistol between 8 and 9 o’clock on the evening of September 24, 1943. He was found guilty and his punishment fixed iat 21 years in prison.

Complaint is directed (1) to the contents and manner of admission of a dying declaration; (2) the giving - of an instruction on the reckless handling of the pistol; (3) the court’s refusal to admit surrebuttal testimony; (4) the admission of evidence as to a poker game and -certain remarks attributed to Burchfield; and (5) the refusal of the court to set aside…