State v. Davidson
Supreme Court of Vermont
Indictment in three counts for highway robbery, an assault with intent to rob, and an assault with intent to kill, respectively, upon the person of Michael Baldwin. Plea, not guilty, and trial by jury, at the April Term, 1857,— Underwood, J., presiding. The prosecution contended that the charge of highway robbery was substantiated against the respondent by the following circumstances, which were proved at the trial.
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Indictment in three counts for highway robbery, an assault with intent to rob, and an assault with intent to kill, respectively, upon the person of Michael Baldwin. Plea, not guilty, and trial by jury, at the April Term, 1857,— Underwood, J., presiding. The prosecution contended that the charge of highway robbery was substantiated against the respondent by the following circumstances, which were proved at the trial. On the 1st of September, 185C, the respondent, who was then about starting from Fayetteville for his home in Jamaica, met Baldwin at the tavern in the former place. The respondent…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. The first question is in regard to the admission of the statement of Baldwin, at the time he was first discovered by the witnesses.
It is well settled that the declarations of a party, injured when no one is present, are not evidence to show the manner in which the injury occurred, however nearly contemporaneous with the occurrence. Such declarations do not tend to characterize the transaction, and are, by consequence, no part of it, and cannot be admitted as such. This has been decided in this state with reference to injuries upon…
2Cited by26 opinions
- Kugadt v. StateCourt of Criminal Appeals of Texas · 1898
- Winslow v. StateSupreme Court of Alabama · 1884
- Buel v. StateWisconsin Supreme Court · 1899
- Lambright v. StateSupreme Court of Florida · 1894
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
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