State v. Head
Supreme Court of South Carolina
Before Watts, J., Pickens, March, 1900. Indictment against Wesley Head for murder of Joseph Kelly. The motion for new trial was rested mainly on the affidavit of several persons, who say on oath that after the trial they heard Dr. Kirksey say that after the statement was taken, “he said to Kelly he ought to tell the truth about the matter, for he had a long term ahead of him to serve in that other country, and that said Kelly told him he did strike Head a hard lick and…
Read the full summary
Before Watts, J., Pickens, March, 1900. Indictment against Wesley Head for murder of Joseph Kelly. The motion for new trial was rested mainly on the affidavit of several persons, who say on oath that after the trial they heard Dr. Kirksey say that after the statement was taken, “he said to Kelly he ought to tell the truth about the matter, for he had a long term ahead of him to serve in that other country, and that said Kelly told him he did strike Head a hard lick and followed him about ten steps, striking at him, and that if he had been Head he would have done what he did, and that if he…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The appellant was convicted of manslaughter, and appealed from the sentence of the Court on the following exceptions :
“1. His Honor erred in permitting the witness, Dr. Robert Kirksey, to testify to alleged dying declarations of the deceased, there being no sufficient evidence to show that at the time of the making of them the declarant was in extre-mis, and fully conscious of his impending dissolution.
“2. His Honor erred in admitting in evidence the alleged dying declaration of the deceased, there being nothing to show more than that…
2Cited by3 opinions
- State v. BetheaSupreme Court of South Carolina · 1962
- State v. BurtonSupreme Court of South Carolina · 1919
- State v. BetheaSupreme Court of South Carolina · 1962