79 Miss. 309 | Miss. | 1901
delivered the opinion of the court.
It was fatal error to admit in evidence the testimony of Gordin as to the dying declaration of Ella Bradley. It is manifest that she did not see, and could not possibly have seen, who shot her, and that she said appellant shot her simply be
The tenth instruction told the jury that, ‘£ unless they believed from the physical facts offered in evidence that the deceased saw the defendant at the window through which the bullet passed that hit the deceased, they should wholly disre
We confine our observations to this single point — the error in admitting this part of Gordin’s testimony. It is impossible to affirm confidently that the result would have been the same with this testimony out. We refer for authorities to the admirable brief of counsel for appellant, which we direct to be published in full, on this point.
Reversed and remanded.