State v. Lodge
Delaware Court of Oyer and Terminer
Indictment for murder of the second degree for the felonious killing of Martha I. Evans, a white married woman, in Indian River Hundred in said Connty, in the month of July, 1891. The evidence adduced was entirely circumstantial, and tended to show that deceased came to her death by reason of an operation .to produce abortion, which said operation the State contended was performed by the prisoner.
1Opinion of the Court
Cullen, J.:
Suppose a witness is called to the stand here and "swears to a certain state of facts; could you contradict that witness by proving that that witness had made declarations to the contrary, unless the attention of the witness were called to it ?
*544Robinson, for the defendant: Very clearly not.
Cullen, J.:
I call your attention to this because this is a. very important matter. In this case the dying declarations under the law are presumed to be under the sanctity of an oath—it is equivalent to that. If you can admit statements prior to those without an opportunity of the party’s attention…
2Cited by6 opinions
- Jenkins v. StateSupreme Court of Delaware · 1967
- Green v. StateIndiana Supreme Court · 1900
- Territory v. Young and NozawaHawaii Supreme Court · 1945
- State v. LongDelaware Court of Oyer and Terminer · 1919
- State v. UzzoDelaware Court of Oyer and Terminer · 1907
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