Commonwealth v. Johnson

Opinion of the Court by

Judge Nunn

Certifying the law.

Appellee was indicted for the murder of Thomas Doby. There was a mistrial, and the Commonwealth, complaining of erroneous rulings of the lower court, brings the case here to have the law certified for the next trial.

The questions presented are: (1) Competency of dying declarations. (2) Procedure in the court below to establish their admissibility.

About eight o’clock one morning Doby, and a companion, passed appellee’s farm on their way to the post-office. Appellee was repairing his fence on the road side. After a few sharp words, and…