Samario

The appellant was convicted of manslaughter for the killing of one Antonio Ninuccio. Several points are made upon the appeal.

1. It is contended that the evidence is insufficient to sustain the verdict.

It is not disputed that the defendant stabbed the deceased; and the uncontradicted evidence is, that the latter died from the effects of the wound within two days after receiving it. It is argued, however, that the defendant *485 acted in self-defense. But if the evidence of Donati and Coppola is to be believed, he did not act in self-defense. And whether they were to be believed or not was a question for the jury.

2. It is urged that it was error to admit the dying declarations of the deceased, because, as is said, it was not shown that he was under a sense of impending* death.

One of the witnesses, to whom the declaration was made, testified as follows: “At about eleven o’clock at night, or a little after, as this man, all the time spitting blood, —at one time he had a mouthful of blood and couldn’t throw the blood away from him, and it went all over his face and chin and then on his breast. I, of course, took a towel to clean the blood from him, and the blood was going all…