Newberry v. State
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court. Geo. M. Chapline, Judge. STATEMENT BY THE COURT. ■ Z. T. Newberry was indicted for murder of John Bass. Bass was a tenant. He and his wife occupied one room of a house belonging to Newberry. In the other room Newberry had stored wheat. Newberry had two keys to the house, and gave one of them to Bass, retaining the other. Bass, while occupying the house, lost his key.
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Appeal from Faulkner Circuit Court. Geo. M. Chapline, Judge. STATEMENT BY THE COURT. ■ Z. T. Newberry was indicted for murder of John Bass. Bass was a tenant. He and his wife occupied one room of a house belonging to Newberry. In the other room Newberry had stored wheat. Newberry had two keys to the house, and gave one of them to Bass, retaining the other. Bass, while occupying the house, lost his key. During Newberry’s absence, he obtained the other key from Newberry’s wife. When New-berry returned home the night before the killing, and found that Bass had got possession of the key, he…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The first question raised by the appeal in this' case has reference to the action of the circuit judge in permitting declarations made by Bass after the shooting to be introduced as evidence on the part of the state. Appellant contends that it was not shown that these declarations were made under a sense of impending death. Thelaw bearing on the admissibility of dying declarations is very clearly stated in Greenleaf on Evidence as follows: “It is essential to the admissibility of these declarations, and is a preliminary fact' to be proved by the party…
2Cases cited3 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Dunn v. StateSupreme Court of Arkansas · 1840
- People v. SimpsonMichigan Supreme Court · 1882
3Cited by4 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- Ward v. StateSupreme Court of Arkansas · 1908
- Jones v. StateSupreme Court of Arkansas · 1909
- Gray v. StateSupreme Court of Arkansas · 1932