Mitchell v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; George W. Hays, Judge; 1. It was error to admit the purported dying statement of deceased. Dying declarations are only admissible as to actual facts which point distinctly to the cause of death. 16 Ala. 672; 56 L. R. A. 369; 132 Ind. 317; 31 N. E. 536. . Nothing can be admitted as a dying declaration, no fact stated by deceased is competent, unless it would be permitted if he were a witness on the stand.
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Appeal from Lafayette Circuit Court; George W. Hays, Judge; 1. It was error to admit the purported dying statement of deceased. Dying declarations are only admissible as to actual facts which point distinctly to the cause of death. 16 Ala. 672; 56 L. R. A. 369; 132 Ind. 317; 31 N. E. 536. . Nothing can be admitted as a dying declaration, no fact stated by deceased is competent, unless it would be permitted if he were a witness on the stand. Cases supra; 102 Ala. .135. The statement was not complete. 1 Gr. Ev. § 161b. 2. It was error to refuse witnesses Glass, Booker and defendant to testify…
1Opinion of the CourtMcCureoch, J.
'Appellant stands convicted of murder in the first degree for the killing of one Will Murphy. He admits the killing and seeks to justify it.
The State introduced the only eye-witness to the killing, who testified as follows:
“I was present and saw the defendant, Cornelius Mitchell, shoot the deceased, Will Murphy, with a shotgun. This occurred at dry kiln No. 4 on the night of December 23, 1906, in Lafayette County, Arkansas. Deceased came to where I was at work at this dry kiln about five minutes after 2 o’clock on the morning of the 24th. When I came in from punching the clock, I found Will…
2Cases cited3 opinions
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Petty v. StateSupreme Court of Arkansas · 1905
- Blair v. StateSupreme Court of Arkansas · 1901
3Cited by1 opinion
- Jackson v. StateSupreme Court of Arkansas · 1912