State v. Davis

MlLLER, PRESIDENT:

Indicted and convicted of murder in the first degree, the first error assigned by defendant is that the court permitted the State to prove by the witness Lilly the finding of an empty shell near defendant’s home about fifteen hours after the homicide, and from which the load had been removed, evidenced by the ruffled edge of th.e shell, and which had never snapped or fired, the primer having also been left in the cap; and to also prove by him that unloaded shells with primer and cap can be bought, but which do not show ruffled or torn edges, as this one did; and also and in…