People v. Borella

Plaintiff in error was tried and convicted in the circuit court of Perry county of the crime of murder of John Giles. His punishment was fixed at imprisonment in the penitentiary for the term of his natural life. He brings the cause here for review, assigning as error the admission of the dying declaration of the deceased and certain instructions given by the court on behalf of the People.

The defense was self-defense. Both plaintiff in error and the deceased were coal miners, residing in the city of DuQuoin. On the afternoon of April 14, 1923, they met in what was known as Eagle’s Hall, on…