State v. Clements
Oregon Supreme Court
Appeal from Baker County. The statement of deceased that the defendant had used instruments on her was inadmissible; nota dying declaration. (See People v. Lee, 17 Cal. 76; People v. Vincent, 24 Cal. 17; State v. Garrand, 5 Or. 216; Vass v. Corwmonw. 3 Leigh, 786; 24 Am. Dec. 695; Anthony y. State, Meigs, 265; 33 Am. Dec. 143; Dunn v. State, 2 Ark. 229; 35 Am. Dec. 54; McDaniel v. State, 8 Smedes & M. 401; 47 Am. Dec. 93; The People v. Perry, 8 Abb. Pr.
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Appeal from Baker County. The statement of deceased that the defendant had used instruments on her was inadmissible; nota dying declaration. (See People v. Lee, 17 Cal. 76; People v. Vincent, 24 Cal. 17; State v. Garrand, 5 Or. 216; Vass v. Corwmonw. 3 Leigh, 786; 24 Am. Dec. 695; Anthony y. State, Meigs, 265; 33 Am. Dec. 143; Dunn v. State, 2 Ark. 229; 35 Am. Dec. 54; McDaniel v. State, 8 Smedes & M. 401; 47 Am. Dec. 93; The People v. Perry, 8 Abb. Pr. N. S. 27; Wharton’s Criminal Evidence, 281 ; 1 Greenleaf on Evidence, § 158.) Not a part of the res gestes. (See Patton v. Watson, 13 Ga. 63;…
1Opinion of the CourtThayer, J.
The appellant herein was indicted, tried, and convicted, in the Circuit Court for the county of Baker, of the crime of manslaughter’, alleged to have been committed by producing an abortion upon one Lena Dakota, from the effects of which she died on the thirty-first day of August, 1886, at Huntington, in said Baker County. The deceased was a young unmarried woman; had been stopping for some little time at the hotel at Huntington; was taken violently sick a few days before her death, and died evidently of hemorrhage from the uterus, caused by the recent expulsion of a foetus. The appellant was…
2Cited by39 opinions
- People v. IrwinCalifornia Supreme Court · 1888
- State v. Foot YouOregon Supreme Court · 1893
- People v. MaloneCalifornia Court of Appeal · 1947
- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
- State v. PomeroyOregon Supreme Court · 1896
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