Dixon v. State
Supreme Court of Florida
Error to the Circuit Court for Duval county. Thomas Dixon was indicted for the murder of Ignatio Andrea, at Jacksonville, Duval county, on the 7th day of April, 1869, by assaulting him with a knife, of which wound-'. jng Andrea died on the 14th day of said month. The accused was tried at the Spring Term, 1869, of the Circuit Court for Duval county, and convicted. Upon appeal, the judgment of the Circuit Court was reversed, and a new trial awarded.
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Error to the Circuit Court for Duval county. Thomas Dixon was indicted for the murder of Ignatio Andrea, at Jacksonville, Duval county, on the 7th day of April, 1869, by assaulting him with a knife, of which wound-'. jng Andrea died on the 14th day of said month. The accused was tried at the Spring Term, 1869, of the Circuit Court for Duval county, and convicted. Upon appeal, the judgment of the Circuit Court was reversed, and a new trial awarded. The case now comes before this court upon a writ of error, a second trial having been had at the Spring Term, 1870, at which the accused was again…
1Opinion of the CourtBaud All, C. J.
The errors assigned by counsel for plaintiff in error will be ■considered in their order:
“ 1. The court erred in permitting the State Attorney to ash A. W. Dacosta, witness for the State, the following question : ‘ State the circumstances under which he, (deceased,) made the statements in relation to how he received the wound.’ ”
“ 2. In refusing to rule out the instrument which was submitted as dying declarations of the deceased.”
3. In admitting the statements of the deceased given in esvidence by Yán Doblen, a State witness. »
These points lead to an inquiry into the question, so far as it is…
2Cases cited3 opinions
- Oliver v. StateSupreme Court of Alabama · 1850
- Simon v. StateSupreme Court of Florida · 1853
- Hollland v. StateSupreme Court of Florida · 1867
3Cited by50 opinions
- Lester v. StateSupreme Court of Florida · 1896
- Hayward v. StateSupreme Court of Florida · 2009
- Holland v. StateSupreme Court of Florida · 1897
- Lowman v. StateSupreme Court of Florida · 1920
- Metzger v. StateSupreme Court of Florida · 1881
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