Legal Opinion

State v. Trivas

Supreme Court of Louisiana

Decided November 15, 1880No. 7890PublishedCited by 15 opinions

APPEAL from the Ninth Judicial District Court, parish of Rapides. Blackman, J. First — Dying declarations are matters of fact, over which this Court has no jurisdiction. Second — An exception to the ruling of the Court will not prevail where the accused'has suffered no injury thereby. Third — Malice is presumed from willful killing.

1Opinion of the Court

The opinion of the Oonrt was delivered by

Poché, J.

From a verdict finding him guilty of murder, and a judgment of the Court, sentencing him to death, the accused has taken this appeal, and relies for relief on five bills of exceptions, which are in ■substance as follows:

First — “ The accused objected to the testimony of Dr. S. G. Compton, and Mrs. Mary Hanna, as laying the basis for the introduction of the dying declarations of the deceased, on the ground that it was not the dying declarations of the deceased, but merely answers to interrogatories propounded to deceased, by said DA Compton and…

2Cases cited3 opinions

  1. Goodwin Gas Stove & Meter Co.'s Assigned EstateSupreme Court of Pennsylvania · 1895
  2. Brownfield v. Hughes, Pennsylvania Court of Common Pleas, Philadelphia County1889
  3. Blood v. Erie Dime Savings & Loan Co.Supreme Court of Pennsylvania · 1894

3Cited by15 opinions

  1. State v. HoganSupreme Court of Louisiana · 1906
  2. State v. VerrettSupreme Court of Louisiana · 1982
  3. State v. PierfaxSupreme Court of Louisiana · 1925
  4. State v. JacksonSupreme Court of Louisiana · 1917
  5. Kelly v. United StatesUnited States Circuit Court · 1885

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