^* Headnote 1. Homicide, 30 C.J., Sections 387, 441. The evidence of the witnesses Vafinis and Cornes as to the statement alleged to have been made by the deceased that "four negroes assaulted him" was properly excluded, and the state's instructions complained of were warranted by the evidence.

The judgment of the court below will be affirmed, and the sentence executed on Friday, December 4, 1925.

Affirmed.