State v. Wideman
State v. Wideman
Opinion of the Court
The opinion of the Court was delivered by
Appellant was tried for the murder of Robert Belcher, also called Robert Jenkins. He was found guilty of manslaughter and sentenced to five years imprisonment. The homicide was committed at “a hot supper” at the house of Maria Dawson. Defendant pleaded “Not guilty,” and sought to prove an alibi, by proving that he was in the house, when deceased was shot on the outside. The solicitor admitted that one of defendant’s witnesses, who was absent at the trial, would have testified, if he had been present, that he saw John Allen shoot deceased.
The said John Allen was one of the State’s witnesses, and testified that he was in the house, and heard a gunshot on the outside; that immediately afterwards deceased ran into the house, where there was a crowd of people, and, on being asked by some one what was the matter, said John Allen shot him; that he walked up to him and said: “Boy, what did you say? You say I shot you?” And he then said: “I don’t mean you. John Wideman shot me.” Defendant’s attorney objected to the testimony on the ground that the alleged statement of deceased was not a dying declaration. But the Court admitted it, as part of the res gestae. On crossexaminaion, the witness admitted that he and deceased had at some time previously had a fight.
John Lewis DuBose testified as a witness for the State. At the conclusion of his direct examination, in response to a question from the solicitor, he said that he had no interest in the case. On cross-examination, he testified that the defendant, Wideman, lived on Mr. Clinkscales’ place, and that he (witness) had lived there for two years, but was not living there then. Defendant’s attorney (Mr. Clinkscales) sought to show bias on the part of the witness by eliciting from him, on cross-examination, that he had been run off the place “on account of some work or disagreement.” On *396 objection by the solicitor, the Court excluded the testimony, saying: “I think you are going too far.”
Demmie Smith, a sister of deceased, testified for the State that she saw deceased about midday on Sunday, after the doctor had told him that he could not live, and he t'old her that he was shot to death, and that “Will Wideman” shot him. Q. Will Wideman? A. Yes, sir. Q. Is that the defendant here? A. Yes, sir. Q. He says he is Johnny Wideman? A. Well, he is the one. He told me that Johnny Wideman shot him. I am a stranger up there.” ,
Dr. C. C. Gambrell testified for the State that he attended deceased; that he made satisfactory progress toward recovery, until the ninth day after he was shot, up to which time he thought he would get well, and deceased thought so, too; but when he saw him on the ninth day, which was about midday Sunday, preceding the night on which he died,'he saw that tetanus was developing, and that he was getting rigid, his head was drawn back, and his throat was becoming paralyzed, so that he could not swallow; that he then told deceased that he would not get well, and, he said, “Yes, doctor, I know I am not going to get well,” and, after'saying so, deceased told him that John Wideman shot him.
Three witnesses for the State testified that they were present and saw defendant shoot deceased. Three witnesses for defendant testified that they saw him in the house dancing at the time the shot was fired, and that he could not have shot deceased.
The argument is more plausible than sound. It goes to the credibility of the deceased’s statement—what he first said as well as what he said after Allen challenged the truth of his first statement—rather than to its admissibility. His statement, if admissible at all, must be taken as a whole, including what John Allen said to him and his reply, for that was as much a part of the res gestae as the question asked him by some one in the crowd, when he first ran into the room, and his reply to that question. The rule that such declarations must appear to be the instinctive utterances of the mind under the immediate influence of the transaction is not so rigid or inflexible that a declarant may not correct an error in his declaration, due to a mere slip of the tongue or a momentary lapse of memory, even though the error be suggested by another, without utterly destroying the probative value of the ■ entire declaration. The correction of such an error does not necessarily or conclusively show that degree of reflection or deliberation outside the immediate influence of the transaction which should cause the declaration to be excluded. Whether it does or not is a matter to lie determined in the first instance by the trial Court upon consideration of all the circumstances, just as the Court has to determine the time within which such declarations may be received. The determination of the matter is not always free from difficulty, for it depends upon the consideration of all the circumstances of each case, and, therefore, the admissibility of such declarations must necessarily be left to the sound discretion of the trial Judge.
*398
“Questions of this kind must be very largely left to the sound judicial discretion of the trial Judge, who is compelled to view all the circumstances in reaching his conclusion, and this Court will not reverse his ruling, unless it clearly appears from undisputed circumstances in evidence that the testimony ought to have been admitted or rejected, as the case may be.”
Judgment affirmed.
Reference
- Full Case Name
- State v. Wideman.
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Criminal Law—Evidence—Res Gestae.—Where a person who had just been shot went into a house and in answer to a question said that J. A. had shot him, but when challenged by J. A. said that he meant J. W., the latter statement was admissible as well as the former as part of the res gestae. 2. Criminal Law—Review—Res Gestae—Discretion op Court.—The admissibility of declarations as res gestae must necessarily be left to the sound discretion of the trial Judge. 3. Criminal Law—Weight op Evidence—Questions for Jury.—The probative value of declarations forming- part of the res gestae is for the jury. 4. Criminal Law — Review — Discretion — Cross-Examination.—In a homicide case, on cross-examination of a State’s witness, sustaining objection to question as to whether witness had not lived on “C.’s” place and been driven off by “C.,” on whose place defendant had lived and still continued to live, the purpose of question being to show bias, was not reversbile error; no prejudice appearing, and scope of cross-examination being left to sound discretion of trial Judge. 5. Homicide —• Dying Declaration. — Statements by one that he was shot to death, and was not going to get well, sufficiently showed that he believed that he was in extremis.