State v. Draper
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. E. G-eiger, J udge. 1. The court erred in admitting in evidence the dying declaration of deceased to prove facts distinct from and prior to the homicide. “ That some two or three weeks before the homicide, he, deceased, and Draper (defendant) had trouble about the trunk, and that they quarreled, and Draper then abused deceased and threatened deceased.”
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Appeal from Greene Circuit Court. — Hon. W. E. G-eiger, J udge. 1. The court erred in admitting in evidence the dying declaration of deceased to prove facts distinct from and prior to the homicide. “ That some two or three weeks before the homicide, he, deceased, and Draper (defendant) had trouble about the trunk, and that they quarreled, and Draper then abused deceased and threatened deceased.” Dying declarations must be restricted to the act of killing and the circumstances immediately attending the act, and forming a part of the res gestee, and are not admissible to prove previous trouble…
1Opinion of the CourtNorton, J.
The defendant was indicted for murder in the first degree in the circuit court of Jasper county, at its September term, 1876, for the killing of one J. L. Gilbert. On defendant’s application the venue of the cause was changed to the circuit court of Greene county. In this latter court defendant was put upon his trial, at its May term, 1877, which resulted in his conviction for murder in the first degree. Unsuccessful motions for a new trial and in arrest of judgment having been made, the cause is brought here for review on appeal.
The grounds relied upon for a reversal of the judgment are the…
2Cases cited8 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- Cordell v. StateIndiana Supreme Court · 1864
- Ben v. StateSupreme Court of Alabama · 1861
- Dias v. StateIndiana Supreme Court · 1843
- State v. MurphyIndiana Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- People v. IrwinCalifornia Supreme Court · 1888
- Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. WebbSupreme Court of Missouri · 1914
- People v. Fong Ah SingCalifornia Supreme Court · 1883
13 more not listed; retrieve them via the Exa API.