Jackson v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; 1. The statement of the deceased to the coroner, Todd, was not admissible because it does not appear that it was given in the consciousness of imminent dissolution. Wigmore on Ev., § § 1439, 1440, 1441, 1442; 75 Ark. 142; 68 Ark. 355; 63 Ark. 382; 58 Ark. 47; 2 Ark. 229. The fact that it was sworn to added nothing to its admissibility.
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; 1. The statement of the deceased to the coroner, Todd, was not admissible because it does not appear that it was given in the consciousness of imminent dissolution. Wigmore on Ev., § § 1439, 1440, 1441, 1442; 75 Ark. 142; 68 Ark. 355; 63 Ark. 382; 58 Ark. 47; 2 Ark. 229. The fact that it was sworn to added nothing to its admissibility. Dying declarations are only admissible for the purpose of identifying the person who committed the murder and the circumstances surrounding the cause of the act. Wigmore on Ev., § 1434. While it was…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted of murder in the first degree for killing one Noah Powell, the killing being admitted, and the only defense is that it was done under circumstances which were sufficient to cause appellant to believe, without negligence, that it was necessary for him to slay in self-defense.
The principal ground urged for reversal of the cause is that the court erred in its ruling as to the competency of two jurors. One of them, Fisher, stated, on his examination, that a nephew of deceased lived near him, and told him about the case, but was not a witness, and all that was said was…
2Cases cited4 opinions
- Hogue v. StateSupreme Court of Arkansas · 1910
- Hardin v. StateSupreme Court of Arkansas · 1898
- Ince v. StateSupreme Court of Arkansas · 1905
- Mitchell v. StateSupreme Court of Arkansas · 1907
3Cited by16 opinions
- Lauderdale v. StateSupreme Court of Arkansas · 1961
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Borland v. StateSupreme Court of Arkansas · 1923
- Scruggs v. StateSupreme Court of Arkansas · 1917
- Sneed v. StateSupreme Court of Arkansas · 1920
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