Commonwealth v. Casey
Massachusetts Supreme Judicial Court
The defendant was tried before the chief justice and justices Metcalf and Merrick, May 16th and 17th, 1853, for the murder of Angelina Taylor, at Natick, on the 17th of September 1852; the indictment charging the offence to have been committed by the blow of an axe. There was evidence tending to show that Mrs. Taylor lingered for more than two days after the fatal blow was given, although she retained her consciousness.
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The defendant was tried before the chief justice and justices Metcalf and Merrick, May 16th and 17th, 1853, for the murder of Angelina Taylor, at Natick, on the 17th of September 1852; the indictment charging the offence to have been committed by the blow of an axe. There was evidence tending to show that Mrs. Taylor lingered for more than two days after the fatal blow was given, although she retained her consciousness. The wound was such as to prevent her from speaking, except that in one instance she answered “ yes,” somewhat inarticulately. She was evidently conscious of what was passing…
1Opinion of the CourtShaw, C. J.
We appreciate the importance of the question offered for our decision. Where a person has been injured in such a way that his testimony cannot be had in the customary way, the usual and ordinary rules of evidence must from the necessity of the case be departed from. The point first to be established is, that the person whose dying declarations are sought to be admitted, was conscious that he was near his end at the time of making them; for this is supposed to create a solemnity equivalent to an oath. If this fact be satisfactorily established, and if the declarations are made treely and…
2Cited by1 opinion
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