Hines v. Commonwealth
Court of Appeals of Kentucky
Case 9 — INDICTMENT APPEAL ®ROM JEFFERSON CIRCUIT COURT. 1. Dying declarations are admitted only from the necessity of the case. If the “transactions fr-un which death ensued” are clearly shown by other evidence,-dying declarations should not be admitted. (Wharton, sec. 670.) '2. If the statement of the deceased was committed to writing and signed by him at the time, the writing -should he produced, if in existence.
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Case 9 — INDICTMENT APPEAL ®ROM JEFFERSON CIRCUIT COURT. 1. Dying declarations are admitted only from the necessity of the case. If the “transactions fr-un which death ensued” are clearly shown by other evidence,-dying declarations should not be admitted. (Wharton, sec. 670.) '2. If the statement of the deceased was committed to writing and signed by him at the time, the writing -should he produced, if in existence. (Rex v. Reason, 2 Russell, '762.) 'The defendant having-procured the-rejection of the written declaration, is estopped to object to'tlie oral proof upon the ground that there was…
1Opinion of the Court
JUDGE HOLT
delivered the-opinion of the court.
Whether the accused was in fault as to the homicide for which he was 'tried was a question for the jury. They were tire' triers of ,1Ms issue, and they have found against him, under instructions from the court not open to objection, and which were .fully, as favorable to him as he had a right to -demand. 'The only ground urged *65by his counsel for .a reversal is, that testimony detailing statements of the deceased as to the circumstances attending the difficulty in which he was shot by the .accused, and which was offered as proving dying…
2Cited by6 opinions
- Saylor v. CommonwealthCourt of Appeals of Kentucky · 1895
- Winstead v. CommonwealthCourt of Appeals of Kentucky · 1922
- Tyree v. CommonwealthCourt of Appeals of Kentucky · 1914
- Edmonds v. CommonwealthCourt of Appeals of Kentucky · 1924
- Mullins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
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