Lipscomb v. State
Mississippi Supreme Court
!FROM the circuit court of Kemper county. Hon. Gr. B. Huddleston, Judge. The facts are stated in the opinions. The objection to this remarkable dying declaration could not have been more specific than it was. The declaration consists of one thing. It relates to the same subject, was made at the same time, and therefore it could not be separated. It was impossible to cut off a part of tho poisoned meat and let another part go to the jury.
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!FROM the circuit court of Kemper county. Hon. Gr. B. Huddleston, Judge. The facts are stated in the opinions. The objection to this remarkable dying declaration could not have been more specific than it was. The declaration consists of one thing. It relates to the same subject, was made at the same time, and therefore it could not be separated. It was impossible to cut off a part of tho poisoned meat and let another part go to the jury. The whole of what the man stated was proper to be considered or none. It will not do in a case like this to pick out a word or sentence which purports to…
1Opinion of the Court
Magruder, Special J.,
delivered the following opinion, favoring a reversal of the judgment appealed from:
At the March term, 1897, of the circuit court of Kemper county, the appellant, Dr. W. H. Lipscomb, was tried, convicted, and sentenced to be hanged for the murder of Charles P. Stewart, from which judgment and sentence he prosecutes this appeal. Stewart died on the night of January 21, 1897. Just before going to bed for the night, he bathed his feet and took a capsule of medicine and laid down upon his bed. In a few minutes thereafter he became ill, and in twenty or thirty minutes died in…
2Cases cited51 opinions
- People v. SanchezCalifornia Supreme Court · 1864
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Jordan v. StateSupreme Court of Alabama · 1886
- Boyle v. StateIndiana Supreme Court · 1886
- Brotherton v. . the PeopleNew York Court of Appeals · 1878
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3Cited by44 opinions
- People v. BrighamCalifornia Supreme Court · 1979
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Watts v. StateMississippi Supreme Court · 1986
- Frame v. PlumbWisconsin Supreme Court · 1909
- Buckhalter v. StateMississippi Supreme Court · 1985
39 more not listed; retrieve them via the Exa API.