Clark v. State

Appellant was indicted, tried and convicted of murder in the first degree in the circuit court of Jefferson County. An appeal has been duly prosecuted to this court from the judgment of conviction.

Appellant shot and killed Roy Finley, on the night of MCay 19,1923, near a negro church at Swan Lake. The deceased lived about thirty hours, and, during the time, made a dying declaration that he had a little difficulty with appellant over some whiskey he had bought from him; that afterwards, while he was fixing his spark plugs, appellant walked up and spoke to him, and, when he turned, began…