Payne v. State
Mississippi Supreme Court
Appeal from the Circuit Court of DeSoto County. Hon. A. T. Eoane, Judge. The appellant was indicted for the murder of Joseph M. Hawkins and convicted of manslaughter. The only witness of the occurrence testified that Hawkins was sitting near the door of his place of business about dusk one evening, when Payne rode up and requested an interview; that Hawkins declined to talk with him upon the ground that he was drunk, and.
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Appeal from the Circuit Court of DeSoto County. Hon. A. T. Eoane, Judge. The appellant was indicted for the murder of Joseph M. Hawkins and convicted of manslaughter. The only witness of the occurrence testified that Hawkins was sitting near the door of his place of business about dusk one evening, when Payne rode up and requested an interview; that Hawkins declined to talk with him upon the ground that he was drunk, and. Payne, getting angry at the charge, cursed Hawkins; that after some altercation Hawkins rose and stated that if Payne wanted a difficulty he would stamp him, and the…
1Opinion of the CourtCampbell, C. J.
It is not a valid objection to the admission of dying declarations that the facts sought to be established by them may be proved by other witnesses than the decedent. Such declarations are admissible only as to the circumstances of the killing and are restricted to a statement of facts, and opinions and inferences are to be excluded, but the dying declaration admitted in this case was of a fact and not an opinion or inference of the declarant. It was that *164the defendant shot him without cause. It was not error to admit this declaration. Wroe v. State, 20 Ohio St. 460.
Judgment affirmed.
2Cited by15 opinions
- Boyle v. StateIndiana Supreme Court · 1886
- Lipscomb v. StateMississippi Supreme Court · 1897
- State v. ReedSupreme Court of Missouri · 1897
- Pendleton v. CommonwealthSupreme Court of Virginia · 1921
- Shenkenberger v. StateIndiana Supreme Court · 1900
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