Duckery v. State

Lyle Brown, Justice.

Appellant Homer Lee Duckery was convicted of voluntary manslaughter in connection with the death of Katie Thomas. One point is advanced for reversal, that being that it was error to admit a purported dying declaration.

Katie Thomas, sixty-six years of age, resided in Wilmot at the home of her daughter and son-in-law, Rita Duckery and John Duckery. John was a brother of the appellant. On a Saturday night in October 1970, appellant went to the Duckery home. About nine o’clock John and Rita Duckery left the home to go to Eudora to pick up an item at a drug store. When the…