Lester v. State

Taylor, J.:

The plaintiff in error was indicted and tried at the Pall term, 1895, of the Circuit Court of Gadsden county for the crime of murder, and was convicted of murder in the third degree, and sentenced to twenty years’ imprisonment in the penetentiary, and comes here for relief on writ of error.

The first, second, third and sixth assignments of error question the propriety of the admission in evidence of the dying declaration of the deceased. The defendant contends that the evidence adduced by the State as the groundwork for the admission of the ante mortem statement of the deceased did…