Melville Fuller

“ But the repetition of a dying declaration cannot not itself be admitted as a reiteration of the alleged facts if made when hope has been regained. Nor can we perceive that this is otherwise, because the record states that Wheeler was sworn 'in rebuttal.' Rebutting evidence is evidence in denial of some affirmative case or fact which defendant has attempted to prove. ”

“ Whether the homicide was committed under such circumstances as to reduce the grade of the crime from murder to manslaughter, or as to permit an acquittal on the ground of misadventure, were questions raised in the case on behalf of plaintiff in error ”