Johnson v. State
Court of Appeals of Georgia
Indictment for murder; from McDuffie superior court — Judge Henry C. Hammond. June 8, 1921. Charlie Smith was shot by Olin Johnson with a pistol, in the morning, before sunrise, the ball entering his left side and passing out under the breast bone, and he died within the next forty-eight hours.
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Indictment for murder; from McDuffie superior court — Judge Henry C. Hammond. June 8, 1921. Charlie Smith was shot by Olin Johnson with a pistol, in the morning, before sunrise, the ball entering his left side and passing out under the breast bone, and he died within the next forty-eight hours. From the evidence it appears that after he had been examined by physicians on the morning of the shooting, he made declarations to them in regard to it, and that later, about ten o’clock the same morning, he made declarations to Charles Langham on the same subject, and that in the interview with the…
1DissentLuke, J.
I am of tlie opinion tliat tlie admission of the alleged dying declarations was harmful error. Such declarations, in my opinion, were calculated' to, and did, influence the jury.
The charge of the court as to dying declarations was as follows : “ Certain testimony has been admitted for your consideration, known to the law as dying declarations. Those declarations are not made under oath and are admitted to the jury on the theory that the person who made them, the deceased in this case, was apprehensive, was convinced, that his immediate dissolution was pending, that he was going to die; and…
2Cases cited9 opinions
- Rouse v. StateCourt of Appeals of Georgia · 1907
- Pyle v. StateCourt of Appeals of Georgia · 1908
- Robinson v. StateSupreme Court of Georgia · 1908
- Jones v. StateSupreme Court of Georgia · 1920
- Owens v. StateCourt of Appeals of Georgia · 1912
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