Payne v. State
Mississippi Supreme Court
Payne v. State, 61 Miss. 161 (Miss. 1883)
Campbell
Payne v. State
Opinion of the Court
delivered the opinion of the court.
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
Judgment affirmed.
Reference
- Full Case Name
- John C. Payne v. State
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- 1. Dying Declarations. Other evidence of same facts. Dying declarations are admissible in evidence, although the facts which they tend to establish may be proved by other testimony. 2. Same. Opinion or inference. The declarant’s assertion that the accused shot him without cause is not an inference or opinion, but his statement of fact, and is admissible in evidence.