39 S.E.2d 823 | N.C. | 1946
The defendant was tried upon a bill of indictment charging him with the murder of Ralph Williams, and was convicted of manslaughter. Upon judgment of imprisonment in the State Prison the defendant gave notice of appeal, assigning errors. The jurisdiction in this Court in an action of this kind is to review, upon appeal, any decision of the courts below upon any matter of law or legal inferences. Constitution of North Carolina, Art. IV, sec. 8.
The first exceptions set out in appellant's brief, Nos. 1 and 2, relate to the admission in evidence of certain statements made by the deceased to the effect that the defendant had shot him, offered by the State upon the theory of their being dying declarations. It is contended by the defendant that no proper basis for the introduction in evidence of such statements was laid. It is essential to the admissibility in evidence of statements by a decedent as dying declarations that the statements not only relate to the act of killing or to the circumstances so immediately attendant thereon as to constitute a part of the res gestae, but it must also appear that such statements were made by the victim in the present anticipation of death, which death ensues. It is true the deceased did not say he believed he was about to die, or he knew he would not live, but it appears from the record that he expressed doubt that "he would live through it" (his wound). But, however this may be, on appeal the action of the trial court is only reviewable to determine whether there was evidence to show facts necessary to support such ruling. S. v. Stewart,
The next exceptions set out in appellant's brief are exceptions 3, 4, 5, 6, 7, 8, 9 and 10 discussed together in such brief. Exception No. 3 is to that portion of his Honor's charge defining manslaughter as follows: "Manslaughter, gentlemen, is the unlawful killing of a human being without malice." It is contended by the defendant that the definition given of manslaughter was inadequate. The definition in the form given is in substantial compliance with that oft times given in this jurisdiction. S. v.Lance,
The next exceptions set out in the appellant's brief are Exceptions Nos. 11, 12 and 13. These exceptions are all bottomed upon the asserted failure of the court to state the evidence and apply the law thereto as required by G.S.,
On the record as presented, the validity of the trial will be upheld.
No error.