State v. . Poll
Supreme Court of North Carolina
From Chowan. This was an indictment against the prisoners and one John Skinner, for the murder of Samuel Skinner, by poisoning.
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From Chowan. This was an indictment against the prisoners and one John Skinner, for the murder of Samuel Skinner, by poisoning. The bill was originally found by a grand Jury, of the county of Washington, and after arraignment and the plea of not guilty, recorded severally for each; the solicitor for the State, and the prisoner, John Skinner, consented to remove his case to the county of Chowan for trial; and the owner and counsel of the other two prisoners consented, with thé State’s officer, to a similar removal of the cases of Poll and Lavinia. The indictment against Poll and Lavinia came…
1Opinion of the Court
The declarations of the deceased, made (444) at the time when he despaired of his recovery and felt sure that, though he was something better after the physician attended him, his disease would prove ultimately fatal, appear to me to have been properly admitted. The latest and most authoritative cases show that the court is to decide, and not the jury, whether the deceased made the declaration under the apprehension of death. 1 East Pl. Cr., 357 — John's case. But, as to the declarations of John Skinner, I know of no principle upon which they could be received as evidence against the…
2Cited by10 opinions
- State v. GordonSupreme Court of North Carolina · 1955
- State v. SmallSupreme Court of North Carolina · 1980
- State v. HamletteSupreme Court of North Carolina · 1981
- State v. StevensSupreme Court of North Carolina · 1978
- State v. . JordanSupreme Court of North Carolina · 1939
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