Fogg v. State
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Zachariah T. Wood, Judge; That portion of the testimony of the witnesses which purported to be the dying declaration of Monroe Nelson should have been excluded. Dying declarations are admissible only when made in extremis; when the party is at the point of death, and every hope of the world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth, i Greenleaf, Ev.
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Appeal from Chicot Circuit Court; Zachariah T. Wood, Judge; That portion of the testimony of the witnesses which purported to be the dying declaration of Monroe Nelson should have been excluded. Dying declarations are admissible only when made in extremis; when the party is at the point of death, and every hope of the world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth, i Greenleaf, Ev. (16 Ed.), 245, § 156; 2 Ark. 229; 2 Johns. 31. See, also, 10 Am. & Eng. Enc. Law (2 Ed.), 368. A belief that he will not…
1Opinion of the CourtMoCueeoch, J.
Appellant, Crawford Fogg, was convicted of murder in the first degree, and appeals to this court from the judgment of conviction. He is accused of killing one Monroe Nelson, in Chicot County, on ^unday, August 19, 1906, about eleven o’clock in the forenoon. Appellant and deceased lived in the same neighborhood, and deceased was shot in the woods not far from his home. Deceased left home in the morning of the killing, and was seen riding off to the woods. Shortly after-wards, according to the testimony of one of the witnesses, appellant left the house of his mother, with whom he lived, and…
2Cases cited1 opinion
- Evans v. StateSupreme Court of Arkansas · 1893
3Cited by9 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Postell v. CommonwealthCourt of Appeals of Kentucky · 1917
- Freels v. StateSupreme Court of Arkansas · 1917
- Clements v. StateSupreme Court of Arkansas · 1939
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