State v. Carlton
Supreme Court of Vermont
Indictment for manslaughter. Trial by jury, June Term, 1873, Redfield, J., presiding. The indictment alleged that on the 5th day of June, 1872, at Fersliire, in said county, one Alonzo W. Davis was shot through the body with a pistol loaded with powder and ball, held in the hand of the respondent, and that the said Davis died of the wound at ten minutes past 2 o’clock on the morning of the 6th of said June.
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Indictment for manslaughter. Trial by jury, June Term, 1873, Redfield, J., presiding. The indictment alleged that on the 5th day of June, 1872, at Fersliire, in said county, one Alonzo W. Davis was shot through the body with a pistol loaded with powder and ball, held in the hand of the respondent, and that the said Davis died of the wound at ten minutes past 2 o’clock on the morning of the 6th of said June. These allegations were not controverted by the respondent; but he claimed that Davis was shot accidentally, and without the instrumentality of respondent, during a personal encounter…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The first exception taken on the trial was to the admission as evidence of the declaration of Alonzo W. Davis, made to the wituess Winthrop Davis, that “ he (meaning the respondent) shot me before I touched him.” This declaration was admitted as a part of the res gestee. It is frequently difficult to *643determine when, and under what circumstances, matter offered as evidence is admissible as a part of' the res gestee. But it is well settled in this state, that to make such matter admissible, it must have been concurrent with the act or…
2Cases cited5 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- State v. DavidsonSupreme Court of Vermont · 1858
- Russell v. FrisbieSupreme Court of Connecticut · 1848
- Worden v. PowersSupreme Court of Vermont · 1865
- Downer v. Town of StraffordSupreme Court of Vermont · 1874
3Cited by9 opinions
- Lambright v. StateSupreme Court of Florida · 1894
- State v. WoodSupreme Court of Vermont · 1881
- Goulette's Administrator v. Grand Trunk Railway Co.Supreme Court of Vermont · 1919
- State v. RosenthalSupreme Court of Vermont · 1903
- State v. DropolskiSupreme Court of Vermont · 1927
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