TOWNSEND, J.
The dying declaration of the deceased which was properly introduced in evidence was as follows: "A doctor won't do me any good because I'm killed. Gilbert shot and killed me. Gilbert shot first but I shot the gun out of his hand." The defendant's statement and the testimony of his son and another witness is that the three were in the woods rounding up some hogs and hunting a dog; that the deceased came up and asked what business they had in those woods...
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