State v. . Smith

Tbe exceptive assignments brought forward and debated by defendant in brief on this appeal bave been examined and found to be without merit.

First: Tbe evidence as to exclamation of tbe witness Lula Stevens at tbe time tbe fire was discovered on tbe outside of tbe bouse where sbe bad just seen defendant is competent as a part of tbe res gestee. Tbe subject bas been fully discussed in many decisions of this Court, among which are these: S. v. Spivey, 151 N. C., 676, 65 S. E., 995; Batchelor v. R. R., 196 N. C., 84, 144 S. E., 542. See also 20 Am. Jur., 551, Evidence, sections 661, 662, and…