Taylor v. State
Supreme Court of Georgia
Indictment for murder — conviction of voluntary manslaughter. Before Judge Felton. Bibb superior court. June 7, 1904.
1Opinion of the CourtSimmons, C. J.
1. To be admissible as part of the res gestse of a homicide, declarations relative thereto must have accompanied the act or been so nearly connected therewith in time as to be free from all suspicion of device or afterthought. Penal Code, §998. Therefore where two'persons are shot at the same time, one dying immediately and the other lingering for more than a week, the dying declarations of the latter are not admissible in evidence as part of the res gestse of the homicide.
2. Although the persons killed were shot in the same fight or difficulty, the dying declarations of the one are not, as…
2Cited by11 opinions
- State v. TaylorSupreme Court of Missouri · 1922
- State v. DolliverSupreme Court of Minnesota · 1921
- The People v. CoxIllinois Supreme Court · 1930
- Ridgell v. United StatesDistrict of Columbia Court of Appeals · 1947
- Westberry v. StateSupreme Court of Georgia · 1932
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