State v. Trusty
Delaware Court of Oyer and Terminer
The prisoner was indicted for murder in the first degree, but at the trial the State asked for conviction of manslaughter only.
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The prisoner was indicted for murder in the first degree, but at the trial the State asked for conviction of manslaughter only. The defendant was charged with causing the death of his paramour, Fannie Kelly, at No. 10 Lord street, in the City of Wilmington, Delaware, in the early morning of April 13, 1898, by pushing or throwing her over a lighted kerosene lamp, thereby setting fire to her clothing and causing injuries from which she died at 6 o’clock on the evening of the same day. The evidence tended to show that on the night in question the deceased had been out with two of her…
1Opinion of the Court
Dore, C. J:—
Under the circumstances of this case, the Court do not think this testimony is admissible.
The witness Harriet Johnson testified to the following conversation with the deceased shortly after the flames were extinguished, viz: “She said to me, ‘Oh, Aunt Harriet, I’m going to die; I’m going to die.’ I said, ‘No, I guess not Fannie; pray;-' and she said, ‘Oh, Aunt Harriet, I can’t pray.’ ’’
*322The State then offered to prove certain statements made by the deceased (as dying declarations) explaining how the occurrence happened.
Objected to by counsel for defendant. Objection overruled.
The…
2Cited by5 opinions
- Wilson v. StateSupreme Court of Delaware · 1954
- State v. StormsSupreme Court of Iowa · 1901
- State v. LongDelaware Court of Oyer and Terminer · 1919
- Littlejohn v. StateSupreme Court of Delaware · 1966
- State v. Van WinkleSuperior Court of Delaware · 1913