Swisher v. Commonwealth
Supreme Court of Virginia
At the May term 1875 of the Circuit court of Rock-bridge county, Daniel T. Swisher was indicted for the murder of James Jarvis, by cutting him with a knife. The prisoner was tried at the same term of the court.
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At the May term 1875 of the Circuit court of Rock-bridge county, Daniel T. Swisher was indicted for the murder of James Jarvis, by cutting him with a knife. The prisoner was tried at the same term of the court. On the trial evidence was introduced by the commonwealth, tending to prove that after an altercation on the 8th of January, 1875 between the deceased and the prisoner, a fight took place between them on the same day about 7 p. m.; and at its termination, the deceased was found to be cut or stabbed in two places in his body; of which wounds he afterwards died on the 18th of the same…
1Opinion of the CourtChristian, J.
This is a writ of error to a judgment of the Circuit court of Eockbridge.
The prisoner in his petition, and his counsel at the bar here, assign but one ground of error, and that is, that the Circuit court erred in overruling the objection of the prisoner to the introduction of the dying declarations of the deceased.
The alleged ground of the objection is, that no sufficient foundation for their introduction had been laid.
The rule of law on this subject is well settled, that to render dying declarations admissible evidence, they must be shown to have been made when the declarant is under a sense…
2Cited by11 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Gipe v. StateIndiana Supreme Court · 1905
- People v. GrayCalifornia Supreme Court · 1882
- People v. CordCalifornia Supreme Court · 1910
- State v. ShafferOregon Supreme Court · 1893
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