Hill v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Panola County. HoN. A. T. EoaNE, Judge. E. J. Hill was indicted for the murder of one Henry Brown. Brown was wounded by a stab in the breast on Tuesday, and died from its effects on the next following Monday. On Sunday, the day before his death, a justice of the peace was sent for, and Brown made a statement which was taken down by the justice.
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Appeal from the Circuit Court of Panola County. HoN. A. T. EoaNE, Judge. E. J. Hill was indicted for the murder of one Henry Brown. Brown was wounded by a stab in the breast on Tuesday, and died from its effects on the next following Monday. On Sunday, the day before his death, a justice of the peace was sent for, and Brown made a statement which was taken down by the justice. This statement was offered by the State as the dying declaration of Brown, and objected to by the defendant. The jury retired, and the State introduced evidence to support the introduction of the statement. Mrs. Brown,…
1Opinion of the CourtCampbell, J.
It is very questionable whether the “ dying declaration ” of Brown should have been admitted as such, and we would not be understood as approving the two instructions given for the State as universally true, and we are clearly of the opinion that the court erred in not permitting the testimony to show that Brown’s religious belief was such as to detract from the value of his dying declarations, but as the verdict is one of which the appellant cannot complain in view of his own testimony we do not regard the errors as entitling him to a new trial. He was examined as a witness for himself…
2Cases cited1 opinion
- Josephine v. StateMississippi Supreme Court · 1872
3Cited by11 opinions
- Reynolds v. Maryland Casualty Co.Supreme Court of Missouri · 1918
- Marshall v. StateSupreme Court of Alabama · 1929
- Denham v. StateMississippi Supreme Court · 1953
- State v. KeyMississippi Supreme Court · 1908
- Parker v. TullosMississippi Supreme Court · 1928
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