Legal Opinion

Collins v. Commonwealth

Court of Appeals of Kentucky

Decided September 15, 1876PublishedCited by 28 opinions

Case 10 — INDICTMENT FOB, MURDER APPEAL PEOM EAYETTE CIRCUIT COURT. cited I Greenleaf on Ev. secs. 158, 159, 162, 163. 3 Bush, 3, Dye v. Commonwealth. II Bush, 344, Holloway v. Commonwealth. (Brief not in record.)

1Opinion of the CourtChief Justice Lindsay

It is by no means clear that the deceased made the statements allowed to be proved as dying declarations under a sense of impending dissolution. But if they were provable *272in that regard they ought to have been excluded from the jury for another reason. They were in substance, “That Michael Collins killed me, and killed me for nothing;” that “I never carried any thing to hurt any one.”

In the case of Leiber v. The Commonwealth (9 Bush, 11) this court held the decided weight of authority to be, that it is a general rule that dying declarations are only admissible in evidence where the death of…

2Cases cited1 opinion

  1. Leiber v. CommonwealthCourt of Appeals of Kentucky · 1872

3Cited by28 opinions

  1. Eacock v. StateIndiana Supreme Court · 1907
  2. Boyle v. StateIndiana Supreme Court · 1886
  3. Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. Kemper v. StateCourt of Criminal Appeals of Texas · 1911
  5. Lipscomb v. StateMississippi Supreme Court · 1897

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