Legal Opinion

People v. Stison

Michigan Supreme Court

Decided May 12, 1905No. Docket No. 192PublishedCited by 6 opinions

Exceptions before judgment from Oakland; Smith, J. Waterman P. Stison was convicted of incest. Respondent was convicted of the crime of incest with his niece, 19 years of age. She was pregnant, and died .in a lying-in hospital soon after the birth of the child. Respondent’s wife had left him, and his niece lived at his house, doing the household work and attending school. She left and went to a lying-in hospital at a distant city under an assumed name.

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Exceptions before judgment from Oakland; Smith, J. Waterman P. Stison was convicted of incest. Respondent was convicted of the crime of incest with his niece, 19 years of age. She was pregnant, and died .in a lying-in hospital soon after the birth of the child. Respondent’s wife had left him, and his niece lived at his house, doing the household work and attending school. She left and went to a lying-in hospital at a distant city under an assumed name. She corresponded with the respondent while there under this assumed name. In view of impending death, she stated to her attendants that the…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. This ruling presents the main question we need to consider. The decisions of courts are nearly unanimous in holding that dying declarations — the exception to the rule of evidence excluding hearsay testimony — are confined to cases of homicide. The attorney general relies upon the reasoning in People v. Lonsdale, 122 Mich. 388, as applicable to a case of this character. That was a case of homicide alleged to have been produced by abortion. But we there said:

‘ ‘ The admission of dying declarations forms an exception to the law of evidence, and is now confined to…

2Cases cited4 opinions

  1. People v. LonsdaleMichigan Supreme Court · 1899
  2. Commonwealth v. O'ConnorMassachusetts Supreme Judicial Court · 1871
  3. State v. PruettSupreme Court of Missouri · 1898
  4. McFarland v. . ShawSupreme Court of North Carolina · 1815

3Cited by6 opinions

  1. Stevens v. StevensMichigan Supreme Court · 1959
  2. People v. BorowskiMichigan Supreme Court · 1951
  3. People v. BrownMichigan Supreme Court · 1906
  4. McCredie v. Commercial Cas. Ins. Co.Oregon Supreme Court · 1933
  5. Clark v. StateNebraska Supreme Court · 1926

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