Smith v. State

Roy Smith was convicted of murder in the alleged killing of Brannon Williams, and was recommended to the mercy of the court. His motion for a new trial was overruled, and he excepted.

The State introduced evidence of dying declarations, and *792the court charged the jury as follows: “Now on the subject of dying declarations the court gives you in charge this provision of our law: You are instructed that it is for the court, in the first instance, to determine whether the preliminary proof is sufficient to admit dying declarations'; but this rule is not binding upon you, for you must be satisfied…