Brotherton v. . the People
New York Court of Appeals
EbjíoPv to the General Term of the Supreme Court, in the fourth judicial department, to review judgment of the court of Oyer and Terminer of the county of Cayuga, entered upon a verdict convicting plaintiff in error of the crime of murder in the first degree.
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EbjíoPv to the General Term of the Supreme Court, in the fourth judicial department, to review judgment of the court of Oyer and Terminer of the county of Cayuga, entered upon a verdict convicting plaintiff in error of the crime of murder in the first degree. (Reported below, 14 Hun, 486.) On Thursday evening, August 9, 1877, the deceased, Charles Moon, a farmer living in Cayuga county, who was a son-in-law of the plaintiff in error, was shot as he was returning from his pasture ; he died on the Sunday following. The facts pertinent to the questions discussed are sufficiently set forth in the…
1Opinion of the Court
Church, Ch. J.
A question is made that the ante mortem declarations of deceased were improperly admitted on two grounds. First. Because the evidence did not show a proper foundation for its admission; and, Second. Because it was a statement of opinion merely, and not of facts. The objection is not tenable.
The deceased was shot on Thursday evening, and from that time he was apprehensive that the wound was fatal, but no declarations wore allowed by the judge until Saturday, a short time before he became unconscious. On Friday the deceased repeatedly stated that he would not recover, and on…
2Cited by60 opinions
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- Commonwealth v. KostkaMassachusetts Supreme Judicial Court · 1976
- State v. LassSupreme Court of Iowa · 1975
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Boyle v. StateIndiana Supreme Court · 1886
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