Fannie v. State
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Geo. Fannie was convicted of murder and appeals. The facts are fully stated in the opinion of the court. filed an extended brief too long for publication in full contending. First.
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Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Geo. Fannie was convicted of murder and appeals. The facts are fully stated in the opinion of the court. filed an extended brief too long for publication in full contending. First. That the dying declaration admitted in evidence was not made under a sense of impending death, citing: Underhill on Criminal Evidence, p. 191; 2 Wig-more on Evidence, p. 1805; Bell v. State, 17 So. 232; Ashley v. State', 37 So. 960; Slarhs v. State, 6 So. 843; Matteley v. Commonwealth, 19 S'. W. 977. Second. That it was error for the court to…
1Opinion of the CourtSmith, J.
Appellant seems to have been practically separated from his wife, who was living temporarily with her *380aunt. On the night that he killed the deceased, he went to this aunt’s house, and, not finding his wife there, went in search of her, and found her in a buggy with deceased returning from church to her aunt’s. A difficulty then ensued between appellant and' deceased; several shots being fired by each. The only eyewitnesses were appellant, his wife, and deceased. The wife did not testify. [Deceased was shot in the neck, from which he bled to death in about an hour and a half or two hours…
2Cases cited4 opinions
- Johnson v. StateMississippi Supreme Court · 1885
- Bell v. StateMississippi Supreme Court · 1895
- Johnson v. StateMississippi Supreme Court · 1908
- Cole v. StateMississippi Supreme Court · 1897
3Cited by10 opinions
- State v. DennisOregon Supreme Court · 1945
- Simpson v. StateMississippi Supreme Court · 1986
- Marrone v. StateAlaska Supreme Court · 1961
- Danes v. SmithNew Jersey Superior Court Appellate Division · 1954
- McNeal v. StateMississippi Supreme Court · 1917
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