Albrecht v. State

ON REHEARING,

June 25, 1919.

LATTIMORE, Judge.

Defects in the record which caused the dismissal of this ease at a former day of this term having been remedied the cause is now before us on its merits.

The appellant’s first complaint is of alleged error in the admission of the declaration of deceased to Reverend Sievert. This was offered by the State as a dyng declaration. Deceased was shot about six or seven o’clock in the afternoon; the statement was made about ten o’clock that night and deceased died the next day. The Only ground of objection, as stated in the bill of exceptions, is “because…