State v. . Craine
Supreme Court of North Carolina
INDICTMENT for murder, tried before Worwood, J!, and a jury, at Fall Term, 1896, of YaNoey Superior Court. The defendant was convicted of manslaughter and appealed.
1Opinion of the Court
ClaeK, J.:
The deceased having been under the impression at the time of impending death, his statement then made is competent as dying declarations (State v. Peace, 46 N. C., 251), and this evidence did not subsequently be come incompetent because, in fact, contrary to Ms expectations he lived five months afterwards. Com. v. Felch, 132 Mass., 22; State v. Smidt, 73 Iowa, 469; Reg. v. Reamy, 7 Cox C. C., 209; Fulcher v. State, 28 Texas App., 466; 1 Roscoe Cr. Ev., 57; 1 Bishop Cr. Pr., Section 1212 (4). The deceased was stabbed at 3 P. M., and on that same afternoon he made tbe oral dying…
2Cases cited10 opinions
- State v. . GradySupreme Court of North Carolina · 1880
- Goodman v. . SappSupreme Court of North Carolina · 1889
- People v. BemmerlyCalifornia Supreme Court · 1890
- State v. . StantonSupreme Court of North Carolina · 1841
- State v. . ArnoldSupreme Court of North Carolina · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Emmett v. StateSupreme Court of Georgia · 1943
- Johnson v. StateSupreme Court of Georgia · 1930
- State v. Matthews.Supreme Court of North Carolina · 1906
- State v. Teachey.Supreme Court of North Carolina · 1905
14 more not listed; retrieve them via the Exa API.