State v. Wood
Supreme Court of Vermont
. This case was tried at the September Term, 1880, Pierpoint, Ch. J., presiding. It was an indictment charging the respondents jointly with the murder of one Luman A. Smith, at Williston, in said county, on the 23d day of October, 1879. Plea, not guilty, and trial by jury. The question as to the admissibility of the dying declarations of the said Luman A. Smith is sufficiently stated in the opinion of1 the court.
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. This case was tried at the September Term, 1880, Pierpoint, Ch. J., presiding. It was an indictment charging the respondents jointly with the murder of one Luman A. Smith, at Williston, in said county, on the 23d day of October, 1879. Plea, not guilty, and trial by jury. The question as to the admissibility of the dying declarations of the said Luman A. Smith is sufficiently stated in the opinion of1 the court. The sixth request made by the respondents’ counsel is as follows : That if the jury find that respondent Wood assaulted Smith even with intent to kill him, with or without malice,…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
This is an indictment charging the respondents jointly with the murder of one Luman A. Smith. The respondent Alma R. Smith was the wife of Luman A. In support of the indictment the State offered in evidence the dying declarations made by said Luman, and reduced to writing in the form of question and answer. After detailing the account of the fatal affray, this question was asked : “ Had either of them threatened to injure you before ” ? Answer. “ Yes, my wife has threatened a hundred times to kill me before. She threatened to kill me before…
2Cases cited3 opinions
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- State v. ReedSupreme Court of Missouri · 1897
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