Mockabee v. Commonwealth
Court of Appeals of Kentucky
Case 76—INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The declaration of Young is not admissible, because it was not made when he believed he would die. (3 Ala., 317; 4 Starkie on Ev., 461; 6 Bush, 312.) 2. The declaration of one conspirator, made after the act is committed, is not competent against another. (Thompson v. Commonwealth, I Met., 13; 3 Greenleaf, sec. 94; Wharton, 703-4.) 3. The instructions are erroneous.
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Case 76—INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The declaration of Young is not admissible, because it was not made when he believed he would die. (3 Ala., 317; 4 Starkie on Ev., 461; 6 Bush, 312.) 2. The declaration of one conspirator, made after the act is committed, is not competent against another. (Thompson v. Commonwealth, I Met., 13; 3 Greenleaf, sec. 94; Wharton, 703-4.) 3. The instructions are erroneous. (1 Wharton, sec. 1031; Hall v. Hostetter, 17 B. Mon., 784; Trustees of Owensboro v. Webb, 2 Met., 576; Speed v. Crawford, 3 Ibid, 207 ; 1 Hale, 456; Fost., 30S; Arch.,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellant was jointly indicted with Geo. Howard for the murder of James L. Young, city marshal of Mt. Sterling,., and sentenced to the penitentiary for two years. From that conviction this appeal is taken, and the principal error complained of is the admission of what is claimed to be the dying declaration of Young.
The evidence is that the statement was made by Young some two hours before he died, and when he expressed the opinion that he would recover. It was reduced to writing at the dictation of Young and, at the time, read over to and approved…
2Cited by17 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Cooper v. StateSupreme Court of Georgia · 1936
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- Stevens v. CommonwealthCourt of Appeals of Kentucky · 1906
- Bryant v. StateCourt of Criminal Appeals of Texas · 1896
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