Fitzgerald v. State
Nebraska Supreme Court
Error to the district court for Cass county. Tried below before Pound, J. No brief on file. cited 1 Greenleaf on Evidence, 158. State v. Wilson, 24 Kan., 189. Hill’s case, 2 Gratt., 607. Dunn v. State, 3 Pike, 229: Moore v. State, 12 Ala., 764. Starkey v. People, 17 111., 17. Brookfield v. State, 1 Sneed, 215. Robbins v. State, 8 O. S., 138, 163. Kilpatrick v. Comm., 7 Casey, 199. Young v. Comm., 6 Bush, Ky., 313.
1Opinion of the Court
Maxwell, Cii. J.
The plaintiff’ was indicted for the murder of Daniel McNeill, and convicted of manslaughter, and sentenced to imprisonment in the penitentiary for ten years. He now prosecutes a writ of error to this court. A large number of errors are assigned, but one of which will bo considered.
Objection is made to the admission of the dying declaration of Daniel McNeill as evidence, upon the ground that it does not appear that he had given up all hope of living at the time he made the same. From necessity, the dying declaration of a deceased person is admissible in evidence where the death…
2Cited by6 opinions
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- State v. FletcherOregon Supreme Court · 1893
- Collins v. StateNebraska Supreme Court · 1895
- Mathews v. StateNebraska Supreme Court · 1924
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