State v. Brooks
Delaware Court of Oyer and Terminer
Indictment for Murder in the First Degree. [1] At the trial, the Deputy Attorney General proved by a witness that, at the latter’s suggestion, when the defendant’s victim realized that he was mortally wounded and could not recover and only four or five days before his death, he dictated to the witness a statement which the witness wrote down and read to the wounded man, who stated that the statement was correct.
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Indictment for Murder in the First Degree. [1] At the trial, the Deputy Attorney General proved by a witness that, at the latter’s suggestion, when the defendant’s victim realized that he was mortally wounded and could not recover and only four or five days before his death, he dictated to the witness a statement which the witness wrote down and read to the wounded man, who stated that the statement was correct. The Deputy Attorney General then offered the paper containing said statement in evidence as a dying declaration. Counsel for the prisoner objected because the paper was not signed nor…
1Opinion of the Court
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—Enoch Brooks, the prisoner, is charged in this indictment with the murder of George Cooper. It is charged by the state that the prisoner on the night of November 4, 1911, at a place near Blackiston Cross Roads, in this county, called the Old House, or Tile Yard, without any justification, cause or excuse, shot George Cooper three times, and that as the result of one of those shots he, the said Cooper, died a few days afterwards in a hospital in Philadelphia where he had been taken for treatment.
The prisoner does not deny that he shot…
2Cited by3 opinions
- Terry v. American Fruit Growers, Inc.Superior Court of Delaware · 1925
- Landrum v. United StatesCourt of Appeals for the D.C. Circuit · 1933
- State v. HarmonDelaware Court of Oyer and Terminer · 1915