Lipscomb v. State
Mississippi Supreme Court
!FROM the circuit court of Kemper county. Hon. Gr. B. Huddleston, Judge. The facts are stated in the opinions. The objection to this remarkable dying declaration could not have been more specific than it was. The declaration consists of one thing. It relates to the same subject, was made at the same time, and therefore it could not be separated. It was impossible to cut off a part of tho poisoned meat and let another part go to the jury.
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!FROM the circuit court of Kemper county. Hon. Gr. B. Huddleston, Judge. The facts are stated in the opinions. The objection to this remarkable dying declaration could not have been more specific than it was. The declaration consists of one thing. It relates to the same subject, was made at the same time, and therefore it could not be separated. It was impossible to cut off a part of tho poisoned meat and let another part go to the jury. The whole of what the man stated was proper to be considered or none. It will not do in a case like this to pick out a word or sentence which purports to…
1Dissent
Whitfield, J.,
delivered the following opinion favoring an affirmance of the judgment appealed from.
Beyond what immediately follows I do not desire to be understood as saying anything touching the rules of law applicable to the laying of the predicate for the admission of a dying *600declaration. There is certainly one thing of which the court should be satisfied beyond a reasonable doubt, which does enter into the general predicate necessary to be established before such declaration is competent, that the party had a sure and fixed belief that he was then about to die. It is true that no…
2Cases cited20 opinions
- Heard v. StateMississippi Supreme Court · 1882
- Williams v. StateMississippi Supreme Court · 1896
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- State v. . WilliamsSupreme Court of North Carolina · 1872
- Cheatham v. StateMississippi Supreme Court · 1889
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