State v. Hendricks
Supreme Court of Missouri
Appeal from Caldwell Circuit Cort. — Hon. J. W. Alexander, Judge. A sufficient ground was not laid for the introduction of the declarations of Hipes as to the character of the assault made upon him. State v. Simon, 50 Mo. 370. Dying declarations are based on the grounds of necessity and because of the supposed solemnity of the occasion.
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Appeal from Caldwell Circuit Cort. — Hon. J. W. Alexander, Judge. A sufficient ground was not laid for the introduction of the declarations of Hipes as to the character of the assault made upon him. State v. Simon, 50 Mo. 370. Dying declarations are based on the grounds of necessity and because of the supposed solemnity of the occasion. They may be impeached in any of the modes by which the evidence of the deceased could have been impeached had he been alive and testified on the stand. 10 Am. and Eng. Ency. Law, 384. (1) Where the means by which the defendants deprived the deceased of life,…
1Opinion of the CourtFox, J.
This cause was submitted to the jury upon the instructions given by the court (which, in the course of this opinion, will be given attention) and the *661jury returned verdicts of guilty of manslaughter in the fourth degree, as to both defendants, fixing their punishment at two years in the penitentiary. They were both sentenced in accordance with the verdict. Motions for new trial and in arrest of judgment were filed, and by the court overruled, and the defendants in due time and form prosecuted their appeal to this court for review of the action of the trial court in the disposition of this…
2Cases cited10 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. TaylorSupreme Court of Missouri · 1896
- State v. TaylorSupreme Court of Missouri · 1893
- State v. MoxleySupreme Court of Missouri · 1890
- State v. KilgoreSupreme Court of Missouri · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. . Del VermoNew York Court of Appeals · 1908
- State v. TeeterNevada Supreme Court · 1948
- State v. GibilterraSupreme Court of Missouri · 1938
- Hooper v. Standard Life & Accident InsuranceMissouri Court of Appeals · 1912
- State v. HendersonSupreme Court of Missouri · 1905
26 more not listed; retrieve them via the Exa API.