FIRST WITNESS, Tom Johnson, Duly Sworn, testified as follows: . . . I was down town a little before 8:30. Reece Chapman rode up and I called to him to take me to Bubba Melton's to get a hair cut. He carried me up there and when we go there I got out of the car and said I would see if Bubba was home. Buck Diggs was sitting in the yard. Ben Melton was sitting on the porch. I saw Buck Diggs walk up to Reece's car and I heard a shot two times and heard a horn blow. I turned around and went back to the car. Reece was sitting under the sterring wheel. I asked him if he was hot and he said yes. I told him to slid over and he said not. He told me to get in and I told him again to slid over. I backed out and went foe the law and was told to take him to the hospital in Wadesboro.
FIFTH WITNESS: Dollie Mae Cash, Duly Sworn, testified as follows: . . .Q. How long have you been living with Buck Diggs? A. About eight years Q. You were living together as common law man and wife? A. Yes. Q. You and Buck had separated? A. Yes. Q. How long had you been separated? A. Last Sunday was a week ago. Q. What was the cause of the separation? A. He came home half drunk and started to fighting. I told him I never wanted to see him again and I left and went to my mothers. . . Q. Had you been off with Reece Chapman? A. No. . .