Dee House v. State
Mississippi Supreme Court
From tbe circuit court of Lee county. IIon. Eugene O. Syices, Judge. House, appellant, was indicted and tried for tbe murder of .Tames Putt, convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts. The fifth assignment of errors presents the question of the competency of the dying declaration of decedent.
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From tbe circuit court of Lee county. IIon. Eugene O. Syices, Judge. House, appellant, was indicted and tried for tbe murder of .Tames Putt, convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts. The fifth assignment of errors presents the question of the competency of the dying declaration of decedent. The declaration is manifestly the expression of an opinion and not one of fact, and therefore was improperly admitted. The defendant objected to the declaration made in these words: “He shot me without cause;” then to…
1Opinion of the Court
Powell,* Special Judge,
delivered the opinion of the court. This is an appeal from the circuit court of Lee county. Appellant was indicted for the murder of Jim Putt, and tried, convicted, and sentenced to the penitentiary for life. We gather from the evidence adduced that appellant and deceased, with a party of some four or five others, had gathered about dark at a *120small cotton house in an old field, and engaged in a game of craps and the consumption of several quarts of .whiskey. The gaming and drinking continued until between three and four o’clock in the morning. During this time several…
2Cases cited6 opinions
- Lipscomb v. StateMississippi Supreme Court · 1897
- State v. . WilliamsSupreme Court of North Carolina · 1872
- Kendrick v. StateMississippi Supreme Court · 1877
- Payne v. StateMississippi Supreme Court · 1883
- Powers v. StateMississippi Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. TeeterNevada Supreme Court · 1948
- Hollywood v. StateWyoming Supreme Court · 1912
- Matthews v. StateMississippi Supreme Court · 1962
- McNeal v. StateMississippi Supreme Court · 1917
- Buckler v. StateMississippi Supreme Court · 1934
7 more not listed; retrieve them via the Exa API.