Legal Opinion

State v. Patterson

Supreme Court of Vermont

Decided January 15, 1873PublishedCited by 60 opinions

Indictment for manslaughter. Plea, the general issue, and trial by jury, April term, 1872, Royce, J., presiding. On trial, the evidence tended to show that on the 2 tth of M 1871, the respondent was living with his wife, mother and sist in a tenement house in t,he village of St. Albans ; that on the evening of that day, George W. Flanders, the decedent, and one Watson, being under the influence of liquor, went to the respondent’s house, after he and his family had retired…

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Indictment for manslaughter. Plea, the general issue, and trial by jury, April term, 1872, Royce, J., presiding. On trial, the evidence tended to show that on the 2 tth of M 1871, the respondent was living with his wife, mother and sist in a tenement house in t,he village of St. Albans ; that on the evening of that day, George W. Flanders, the decedent, and one Watson, being under the influence of liquor, went to the respondent’s house, after he and his family had retired for the night, and, knocking at tho door, asked' to bo let in ; that the respondent raised the window of his room and told…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

It is objected in behalf of the respondent that the dying declarations of Elanders, as testified by Mr. Hill, should have been excluded from the consideration of the jury, by force of the rule as stated 1 Greenl. Ev. §159, viz., that “whatever the statement may be, it must be complete in itself; for, if the declarations appear to have been intended by the dying man to be connected with, and qualified by, other statements which he is prevented by any cause from making, they will not be received.” What we understand by the expression, that the…

2Cases cited4 opinions

  1. State v. McDonnellSupreme Court of Vermont · 1860
  2. State v. HookerSupreme Court of Vermont · 1845
  3. Taylor v. BetsfordNew York Supreme Court · 1816
  4. Cook v. ParhamSupreme Court of Alabama · 1853

3Cited by60 opinions

  1. Ford v. StateSupreme Court of Alabama · 1882
  2. People v. . TomlinsNew York Court of Appeals · 1914
  3. People v. WillyIllinois Supreme Court · 1921
  4. Morgan v. DurfeeSupreme Court of Missouri · 1879
  5. Commonwealth v. HouseSuperior Court of Pennsylvania · 1897

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