State v. . Gregory

The announcement of the solicitor, made before entering upon the trial, that the State would not ask for a verdict of more than murder in the second degree, was tantamount to taking a nolle prosequi, or accepting an acquittal, on the capital charge. S. v. Brigman, 201 N. C., 793, 161 S. E., 727; S. v. Spain, ibid., 571, 160 S. E., 825; S. v. Hunt, 128 N. C., 584, 38 S. E., 473.

The dying declaration of the deceased was admitted only after proper foundation or predicate had been laid for its introduction. S. v. Beal, 199 N. C., 278, 154 S. E., 604.

The only serious exception appearing on the…