Carver v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. Frank Carver was convicted of the murder of Anna Male-don in the Circuit Court of the United States for the Western District of Arkansas, and sentenced to be hanged, whereupon he sued out this writ of error.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. Frank Carver was convicted of the murder of Anna Male-don in the Circuit Court of the United States for the Western District of Arkansas, and sentenced to be hanged, whereupon he sued out this writ of error. The fatal wound was inflicted, by the discharge of a pistol on the night of March 25, 1895, at Muscogee, Creek Nation, in the Indian country, but the death occurred at Fort Smith, Arkansas, May 19, 1895. In addition to other evidence, there was testimony tending to show that Carver and the deceased were…
1Opinion of the CourtChief Justice Fullee
While in the admission of the declarations of the victim as to the facts of a homicide the utmost caution must be exercised to the end that it be satisfactorily established that they were made under the impression of almost immediate dissolution, we think that the evidence of the state of mind of Anna Maledon, in that particular, when the declaration of March 27, 1895, was made, and which we need not recapitulate, was sufficient to justify the Circuit Court in admitting it. Mattox v. United States, 146 U. S. 140, 151. But the testimony of Wheeler stands on different ground and we are of…
2Cases cited1 opinion
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
3Cited by9 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- State v. ClarkWest Virginia Supreme Court · 1908
- People v. RickenAppellate Division of the Supreme Court of the State of New York · 1934
- State v. EliasSupreme Court of Minnesota · 1939
- State v. SanfordNew Mexico Supreme Court · 1939
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