State v. McCanon
Supreme Court of Missouri
Frror to Washington Circuit Court. cited in argument: Rex. vs. Crocket, '4 Carr. & Payne, 544; Rex vs. Yan Butcliell, 3 Oarr.& Payne, 631; State vs. Poll., 1 Hawks, 442; Moore vs. Commonwealth, 2 Leigh, 706 ; Smith vs. State, 9 Humph., 24; Rex. vs. Murphy, 1 Irish. Cri., 38; Rex vs. Errington, 2 Lewin Crown Cas. 148; 1 Greenl. Ev. § 158.
1Opinion of the CourtWagner, Judge
The accused, in conjunction with others, was indicted for the murder of one Herrington, and was convicted of murder in the second degree.
The material question upon the trial was whether the defendant was present, aiding and assisting in the commission of the offence.
A statement of the murdered man made previous to his death, showing that the defendant was present and took part in the crime, was admitted as a dying declaration.
The defendant objected to the admission of this testimony, because no proper foundation had been laid to authorize it.
It was not shown that the deceased had any…
2Cases cited1 opinion
- State v. SimonSupreme Court of Missouri · 1872
3Cited by22 opinions
- State v. EddonWashington Supreme Court · 1894
- State v. ReedSupreme Court of Missouri · 1897
- State v. GoreSupreme Court of Missouri · 1922
- State v. VansantSupreme Court of Missouri · 1883
- State v. AdkinsSupreme Court of Missouri · 1920
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