State v. Center
Supreme Court of Vermont
Indictment for the murder of Martha Wheeler. Plea, not guilty, and trial by jury, at the September Term, 1860, Poland, J., presiding. The respondent, Susan Center, was step-grandmother of Martha Wheeler, aud the other respondent was her son, and half* brother of the mother of Martha Wheeler.
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Indictment for the murder of Martha Wheeler. Plea, not guilty, and trial by jury, at the September Term, 1860, Poland, J., presiding. The respondent, Susan Center, was step-grandmother of Martha Wheeler, aud the other respondent was her son, and half* brother of the mother of Martha Wheeler. The respondents resided with Dearborn Center, husband of Susan Center, and fathet of the other respondent, in Cabot, Martha Wheeler was nearly fifteen years old, and a very large, healthy girl, and her parents lived in Albany, in Orleans county. In April, 1860, Martha Wheeler came to Cabot to live in the…
1Opinion of the CourtAldis, J.
Dying declarations are admitted in cases of homicide, both from necessity, and because the near approach of death is supposed to impress the mind with as solemn an obligation to speak the truth, as would the administration of an oath. *384The state of mind of the person making such declarations, is to be regarded ; it must be that he really believes that he is soon to die. Some of the cases directly decide that he must have no hope left of recovery, and such is the general tenor of the books. A late decision in New York, 2 Wheeler’s Crim. Cases 398, People v. Anderson, seems to hold that a mere,…
2Cited by26 opinions
- State v. HoytSupreme Court of Connecticut · 1880
- People v. . HayesNew York Court of Appeals · 1894
- Woolfolk v. StateSupreme Court of Georgia · 1890
- State v. StanislawSupreme Court of Vermont · 1990
- United States v. GoldsteinCourt of Appeals for the Second Circuit · 1941
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