Crews

This is an appeal by the defendant from a judgment convicting him of the crime of murder in the second degree, and sentencing him to imprisonment for life, and also from an order denying his motion for a new trial.

The deceased, M. H. Byrn, was shot by the defendant during the evening of July 5, 1892, and early in the morning of the next day made a statement of the circumstances attending the shooting, "which was reduced to writing, and signed and verified by his affidavit. At the time this statement was made the deceased was not impressed with a sense of his impending dissolution; but about ten o’clock of the evening of the same day he was informed by the attending physician that his wound was mortal, and his attention was called to the statement previously made by him. He then said that he did not wish to make any change therein. There was then appended to the statement the following, which was read to the deceased, and signed by him.

Upon proof of the foregoing facts the written statement was admitted in'evidence as the dying declaration of the deceased. The defendant objected thereto, and this ruling of the court is assigned as error. The defendant contends that the…