State v. Garth
Supreme Court of Missouri
Appeal from Jackson Criminal Qourt. — Eon. Jno. W. Wofford, Judge. (1) Two things are absolutely necessary to make a dying declaration admissible, viz.: First, the party must at least suppose himself in extremis; second, where it is possible, the exact language of the party must be given. It is not sufficient that the substance be given. (2) The admission of the alleged confession of the defendant was error.
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Appeal from Jackson Criminal Qourt. — Eon. Jno. W. Wofford, Judge. (1) Two things are absolutely necessary to make a dying declaration admissible, viz.: First, the party must at least suppose himself in extremis; second, where it is possible, the exact language of the party must be given. It is not sufficient that the substance be given. (2) The admission of the alleged confession of the defendant was error. As soon as arrested the defendant was taken to the office of the prosecuting attorney. There, the paper read in evidence was prepared by the same officer who wrote the “dying…
1Opinion of the CourtGantt, J.
— The defendant, a negro man, was indicted at the January term, 1900, of the Jackson County Criminal Court, for the murder of Minnie Woods, a negress with whom he had been living though not married to her, he having a wife and children elsewhere. Having been duly arraigned and pleaded “not guilty,” defendant was placed on trial March 14, 1900, and found guilty of murder in the first degree.
The indictment is sufficient.
The evidence'discloses that on the night of December 23, 1899, there was a chitterling supper and dance held at 2218 East Ninth street, Kansas City, at the house of a negro…
2Cases cited9 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. WalkerSupreme Court of Missouri · 1888
- State v. CantlinSupreme Court of Missouri · 1893
- State v. SchoenwaldSupreme Court of Missouri · 1860
- State v. ScottSupreme Court of Missouri · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cooper v. StateSupreme Court of Georgia · 1936
- State v. BrownSupreme Court of Missouri · 1950
- State v. BurnsSupreme Court of Missouri · 1955
- State v. WertzSupreme Court of Missouri · 1905
- State v. MillerSupreme Court of Missouri · 1905
4 more not listed; retrieve them via the Exa API.