Gress

Defendant was convicted of having murdered one Louis Assalena, and was sentenced to imprisonment for life. He appeals from the judgment and an order denying him a new trial.

One Kane, a witness called by the state, was permitted, against the objection of defendant, to testify that, on the evening of the day preceding the one on which the homicide was committed, the witness saw Assalena, the deceased, at La Grange, just before, the latter left for Sonora, where the killing took place, and that Assalena then stated that he had discovered that the defendant *463 "had been writing to his (Assalena’s) wife, and was trying to get his wife and child to run away with him, defendant. And another witness for the prosecution, one Watt, was permitted to state that on the same evening at La Grange, Assalena told him, “I am in trouble. I have' a family in Sonora, and a few months ago I took a young man in as partner with me, and here "lately I have discovered that he is about to get away with my wife and child, and I want to get to Sonora as quick as possible. I want to save my boy, and that’s my hurry for coming here.” This evidence was clearly hearsay, and was wholly inadmissible upon any…