State v. Wiggins
Delaware Court of Oyer and Terminer
At a Court of Oyer and Terminer, for New Castle County, beginning the twelfth day of November, 1908, Elwood Wiggins, the prisoner, was placed on trial upon an indictment charging Murder of the First Degree.
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At a Court of Oyer and Terminer, for New Castle County, beginning the twelfth day of November, 1908, Elwood Wiggins, the prisoner, was placed on trial upon an indictment charging Murder of the First Degree. At the trial, the prisoner was asked by his counsel the following question:—“Do you or not know the general reputation of Edward Denby” (referring to the man whom the prisoner was charged with having murdered) “as to violence in the community in which he lived?” This was objected to by the State, on the ground that the general reputation of the deceased for violence is not in issue.
1Opinion of the Court
Boyce J.,
The argument of counsel upon the question now before the Court was interesting and very helpful.
The prisoner admits that he shot the deceased, but he insists that he did it in self-defense.
The State, in support of the objection made to the admissibility of the testimony now offered, urged that the general reputation of the deceased for violence is not in issue, and relied chiefly on a previous ruling of this Court in the case of State vs. Thawley, decided at the April Term, 1845, in Kent County. Chief Justice Booth, speaking for the Court in that case (Harrington, J., being…
2Cases cited1 opinion
- Smith v. United StatesSupreme Court of the United States · 1896
3Cited by4 opinions
- Ruffin v. StateSupreme Court of Delaware · 1956
- State v. CoxNew York Court of General Session of the Peace · 1935
- State v. LynchDelaware Court of Oyer and Terminer · 1925
- State v. CresteSuperior Court of Delaware · 1913