Commonwealth v. Haney
Massachusetts Supreme Judicial Court
Indictment for the manslaughter of Patrick Cannon by kicking him in the abdomen, at Clinton. At the trial in the Superior Court, before Brigham, C. J., for the purpose of laying the foundation for introducing evidence of Cannon’s dying declarations, Christopher C. Stone was called as a witness, and testified as follows : “ I am special justice of the Police Court of Clinton, have seen the defendant and know Pat< rick Cannon; I think on October 10th last, on a Thursday, I…
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Indictment for the manslaughter of Patrick Cannon by kicking him in the abdomen, at Clinton. At the trial in the Superior Court, before Brigham, C. J., for the purpose of laying the foundation for introducing evidence of Cannon’s dying declarations, Christopher C. Stone was called as a witness, and testified as follows : “ I am special justice of the Police Court of Clinton, have seen the defendant and know Pat< rick Cannon; I think on October 10th last, on a Thursday, I went to the house of Patrick Cannon and saw him in a small bed-room lying in bed, propped up by pillows, very weak, so much…
1Opinion of the CourtAmes, J.
The rule as to the admissibility of dying declara tians does not require that they should have been made while the sufferer is literally breathing his last. It is enough that they were made when he understands that his injuries are fatal, and believes his death to be near at hand. If he believed himlelf to be in a dying state, it is immaterial that he lived four days after making the declaration. In Commonwealth v. Cooper, 5 Allen, 495, and in Commonwealth v. Roberts, 108 Mass. 296, the death did not occur till about seventeen days after. It is true that, if he had any expectation or hope of…
2Cases cited1 opinion
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1871
3Cited by16 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- State v. Foot YouOregon Supreme Court · 1893
- Commonwealth v. KeyMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. SimpsonMassachusetts Supreme Judicial Court · 1938
- Boyle v. StateIndiana Supreme Court · 1884
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