Updike v. State

Three questions are presented in the brief of counsel for appellant: First, that the court erred in receiving as dying declárations a written statement purporting to have been made by the deceased; second, that the court erred in instructing the jury that they could not convict the appellant of manslaughter in the second degree; third, that the court erred in the instructions giveii to the jury with reference to manslaughter in the first degree.

First. When the purported dying statement was offered in evidence, counsel for appellant objected to the same as being incompetent, irrelevant, and…