State v. Short
Delaware Court of Oyer and Terminer
the prisoner, a colored man, was placed upon trial upon the charge of murder of the first degree. At the trial the state produced evidence to the following effect: That on the sixteenth of July, 1911, at Lewes, the prisoner shot and wounded one Charles L. Wilson, who as a result of said wound died within two days.
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the prisoner, a colored man, was placed upon trial upon the charge of murder of the first degree. At the trial the state produced evidence to the following effect: That on the sixteenth of July, 1911, at Lewes, the prisoner shot and wounded one Charles L. Wilson, who as a result of said wound died within two days. That early in the afternoon of the sixteenth of July, the prisoner and the man Wilson had some words over the prisoner’s housekeeper or wife, near the place where the shooting occurred; that immediately afterwards Short, who was moving backward towards his home followed by Wilson,…
1Opinion of the CourtPennewill, C. J.
We think the court in other cases, for instance, State v. Wiggins, supra, and State v. Lee, 1 Boyce 18, 74 Atl. 4, have gone far in admitting testimony respecting threats, and the deceased’s reputation for violence and quarrelsomeness. And while it may be difficult to distinguish this question, in principle, from one involving a threat, yet we think its admission would open the door wider than it has ever been in any previous case in this state.
The effect of the admission of such testimony would be to permit the defendant in every homicide case to prove communications made by the deceased to…
2Cases cited2 opinions
- State v. LeeNew York Court of General Session of the Peace · 1909
- State v. WilsonNew York Court of General Session of the Peace · 1904
3Cited by4 opinions
- Ruffin v. StateSupreme Court of Delaware · 1956
- Turner v. CommonwealthCourt of Appeals of Kentucky · 1915
- State v. GordonDelaware Court of Oyer and Terminer · 1935
- State v. LynchDelaware Court of Oyer and Terminer · 1925