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. This was a writ of error to review the conviction of the plaintiff in .error for the murder of one Anna Maledon at Muskogee, in the Creek Nation of the Indian Territory.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. This was a writ of error to review the conviction of the plaintiff in .error for the murder of one Anna Maledon at Muskogee, in the Creek Nation of the Indian Territory. The conviction was a second one for the same offence, the first having been set aside by this court upon the ground that improper evidence had been received of an alleged dying declaration. 160 U. S. 553. The evidence tended to show that Carver, a man. about ■twenty-five years of age, was grossly intemperate in his habits, and upon the day…
1Opinion of the CourtJustice Brown
1. Defendant’s fourth and- fifth assignments of error were taken to the action of the court in permitting the district attorney to prove that a Catholic priest was summoned for Anna Maledon; “ that she took the sacrament after she was shot,” and that he “performed the last rites of ■ the Catholic church in her behalf.” We see no objection to this testimony, and think- it was within the discretion of the court to admit it. Alexander v. United States, 138 U. S. 353, 357. Dying declarations are an exception to the general rule that only • sworn testimony can be received, the fear of impending…
2Cases cited4 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Alexander v. United StatesSupreme Court of the United States · 1891
- State v. ElliottSupreme Court of Iowa · 1877
- State v. . BlackburnSupreme Court of North Carolina · 1879
3Cited by80 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- State v. BealSupreme Court of North Carolina · 1930
- Connor v. StateCourt of Appeals of Maryland · 1961
- United States v. Albert PucoCourt of Appeals for the Second Circuit · 1973
- State v. IvicsicsMissouri Court of Appeals · 1980
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