State v. Scott

Spoítobd, J.

The defendant has appealed from a judgment sentencing him to hard labor in the penitentiary for life, he having been again convicted of the crime of murder. See the former case reported in 11 An., p. 429.

Two bills of exceptions only are to be considered:

I. The witness Ma/nj O'Rowlce was admitted, against the objection of counsel, to prove the dying declarations of the victim of the homicide charged in the indictment. Declarations are called “ dying declarations” when made under a consciousness of impending death. In this case the Judge might well have inferred that the…