Crowley v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; 1. Dying declarations, when merely matters of opinion are inadmissible. 39 Ark. 221; 63 Id. 384; 52 Id. 347. 2. Dying declarations, to be admissible in evidence, must be made under the consciousness of the approach of death-in extremis.
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Appeal from Greene Circuit Court; Frank Smith, Judge; 1. Dying declarations, when merely matters of opinion are inadmissible. 39 Ark. 221; 63 Id. 384; 52 Id. 347. 2. Dying declarations, to be admissible in evidence, must be made under the consciousness of the approach of death-in extremis. Wigmore on Evidence, § 1439; Greenleaf on Evidence (16 ed.), § 158; 90 Mo. 54; 55 Cal. 76. The statements of deceased immediately after the shooting were dying declarations, and properly admitted as such. They were also admissible as res gestae. 39 Ark. 229; 52 Id. 345-7; 38 Id. 495; 58 Id. 47j 88 Id. 579;…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Louis Crowley, appeals from a judgment of conviction of the crime of murder in the second degree, alleged to have been committed on the streets of the city of Paragould on Sunday morning, May 14, 1911, by killing one George Smith, who was a police officer of that city. Some one shot Smith with a shotgun in front of the postoffice about 3:30 o’clock in the morning. One of the witnesses, Albert Bain, was at work in the postoffice, and testified that he heard the shot, and immediately thereafter heard some one at the door uttering a cry of distress and saying: “Let me in; Louis…
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