State v. Chambers
Supreme Court of Missouri
Appeal from Dunklioi Circuit Court. — Hon. R. P. Owen, Judge. (1) It was error to receive in evidence, over the objections of defendant, the dying declarations of the deceased. There is nothing to establish that the deceased, at the time he made them, believed death impending. State v. Simon, 50 Mo. 370; 1 Grreenleaf’s-Ev., sec. 158; Starkey n.
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Appeal from Dunklioi Circuit Court. — Hon. R. P. Owen, Judge. (1) It was error to receive in evidence, over the objections of defendant, the dying declarations of the deceased. There is nothing to establish that the deceased, at the time he made them, believed death impending. State v. Simon, 50 Mo. 370; 1 Grreenleaf’s-Ev., sec. 158; Starkey n. The People, 17 111. 17. But even had the proper foundation been laid for the admission of the dying declarations, that portion assigning deceased’s reasons for following the accused when he left the room, constitute only an expression of opinion or…
1Opinion of the CourtNorton, J.
The defendant was indicted in the circuit court of Dunklin county for- murder in the first *408.degree, in shooting and killing one Solomon Kissinger in .May, 1882, He was put upon his trial 'at the May •term, 1883, of said court, and convicted of murder in the second degree, and his punishment assessed at ten years .imprisonment in the penitentiary. Prom this judgment defendant appeals', and the action of the court in receiving improper evidence and in giving improper instructions, is assigned for error.
On the trial, a witness. was allowed to give in evidence the' statements Of the deceased as…
2Cases cited4 opinions
- State v. VansantSupreme Court of Missouri · 1883
- State v. McCanonSupreme Court of Missouri · 1872
- State v. DraperSupreme Court of Missouri · 1877
- McMillen v. StateSupreme Court of Missouri · 1850
3Cited by10 opinions
- Lipscomb v. StateMississippi Supreme Court · 1897
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. HerrellSupreme Court of Missouri · 1888
- Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. WhiteMissouri Court of Appeals · 1987
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