State v. . Williams
Supreme Court of North Carolina
Murder, tried bel ore Watts, J., at Spring Term, 1872, of the,Superior Court of Pitt. The prisoners were indicted in several counts, Edward Williams for the murder of Silas Avery, and Mary Ann Avery for being accessory before the fact. It was in evidence that the deceased was shot after dark, in his house, by some one standing outside, through an aperture between the logs of which the house was built.
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Murder, tried bel ore Watts, J., at Spring Term, 1872, of the,Superior Court of Pitt. The prisoners were indicted in several counts, Edward Williams for the murder of Silas Avery, and Mary Ann Avery for being accessory before the fact. It was in evidence that the deceased was shot after dark, in his house, by some one standing outside, through an aperture between the logs of which the house was built. He was sitting by the lire, with his side near the aperture, and was shot in the side. On the trial, the State proposed to give in evidence the dying declarations of the deceased. Upon…
1Opinion of the CourtRodman, J.
The admission of dying declarations is an exception to the general rule of evidence, which requires that the witness should be sworn and subject to cross-examination. The solemnity of the occasion may reasonably be held to supply the place of an oath. But nothing can fully supply the absence of a cross-examination. In consequence of this absence, such declarations are often defective and obscure. Hence, several eminent Judges have felt it a duty to say that they should be received with much chution, and that the rule which authorizes their admission should not be extended beyond the reasons…
2Cited by29 opinions
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