Legal Opinion

People v. Powell

Michigan Supreme Court

Decided July 19, 1923No. Docket No. 105PublishedCited by 5 opinions

Error to recorder’s court of Detroit; Heston (William M.), J. Lulu Powell was convicted of manslaughter, and sentenced to imprisonment for not less than 7% nor more than 15 years in the Detroit house of correction.

1Opinion of the CourtSharpe, J.

Defendant was charged with the murder of her husband, Hayes Powell. She here reviews her conviction of manslaughter by writ of error.

1. It is urged that a dying declaration made by the deceased should not have been admitted because not made in fear of impending death. In answer to several questions, he stated that he thought he was going to die. He was then on an operating table in the hospital. He died the following day. The jury were instructed that before they should consider the declaration they must find that at the time it was made deceased “realized that he was going to die.” There was…

2Cases cited6 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Johnson v. StateSupreme Court of Alabama · 1850
  3. People v. AustinMichigan Supreme Court · 1923
  4. State v. KuhnSupreme Court of Iowa · 1902
  5. People v. FritchMichigan Supreme Court · 1920

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. MelvinMichigan Court of Appeals · 1976
  2. People v. ChampionMichigan Supreme Court · 1981
  3. People v. HardimanMichigan Supreme Court · 1927
  4. People v. VasherMichigan Supreme Court · 1995
  5. People v. VasherMichigan Supreme Court · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API