Moore v. State
Supreme Court of Arkansas
Appeal from PulasM Circuit Court; R. J. Lea, Judge; STATEMENT BY THE COURT. Leonard Moore was indicted for murder, for killing John Lee, Jr., and from a judgment of voluntary manslaughter, brings this appeal.
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Appeal from PulasM Circuit Court; R. J. Lea, Judge; STATEMENT BY THE COURT. Leonard Moore was indicted for murder, for killing John Lee, Jr., and from a judgment of voluntary manslaughter, brings this appeal. The killing occurred eight or ten miles north of Little Rock, about 5:30 o’clock in the morning, on November 23, 1915. Moore wa's driving along the pike, towards Little Rock, in a one horse wagon at the time he was overtaken by the deceased, who was riding a mule, and the killing followed. Appellant testified that he had started to go to his father’s at England and had nothing in his…
1Opinion of the CourtKirby, J.
(after stating the facts). 1. It is con-contended that the court erred in admitting the dying declaration or that part of it stating what had occurred prior to the shooting and in the refusal to give certain ■ instructions. It is sufficiently shown that the statement made by the deceased was made under a sense of impending death and admissible as a dying declaration. Rhea v. State, 104 Ark. 176; Newberry v. State, 68 Ark. 359.
It is contended, however, that the statement relating to matters antecedent or prior to the transaction which caused the death of the decedent was not competent.
“Dying…
2Cases cited1 opinion
- Johnston v. FuquaSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Howell v. StateSupreme Court of Arkansas · 1929
- Gray v. StateSupreme Court of Arkansas · 1932