Berry v. State
Supreme Court of Arkansas
Appeal, from Lee Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. The appellant, Lee Berry, was convicted of murder in the first degree, committed by poisoning; and appealed to this court. On the trial of the cause, Dr. E}. V. Chandler, a witness for the state, testified : “On the night of the 26th of last October I was called, in my professional capacity, between 8 and 9 o’clock, to visit Bd.
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Appeal, from Lee Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. The appellant, Lee Berry, was convicted of murder in the first degree, committed by poisoning; and appealed to this court. On the trial of the cause, Dr. E}. V. Chandler, a witness for the state, testified : “On the night of the 26th of last October I was called, in my professional capacity, between 8 and 9 o’clock, to visit Bd. Marsh” [the person alleged to have been poisoned]. “I reached his bedside about 9 o’clock, * * * * aü¿ foun¿ him lying- partly on the bed and partly on the floor. * * * When I g"ot to him,…
1Opinion of the CourtHughes, J.
(after stating the facts.) It appears from the declaration of the deceased, while in extremis, that the defendant had poisoned him, that it was made not from a knowledge of the fact which he had, or could have had, and that it was an expression of his opinion merely, based on the facts that the whisky which had been given him by the defendant tasted “nasty,” and made him sick. This evidence was incompetent, and was calculated to prejudice the defendant. “A mere expression of opinion by a dying man is not admissible as a dying declaration, and it is immaterial whether the fact that the…
2Cases cited2 opinions
- State v. . WilliamsSupreme Court of North Carolina · 1872
- Whitley v. StateSupreme Court of Georgia · 1868
3Cited by6 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- Rhea v. StateSupreme Court of Arkansas · 1912
- Marshall v. StateSupreme Court of Alabama · 1929
- State v. BurnettWest Virginia Supreme Court · 1900
- Baker v. StateSupreme Court of Arkansas · 1908
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