Bell v. State

Citations

• 72 Miss. 507

Syllabus

<p>1. Homicide. Dying declaration. When admissible.</p> <p>To render a statement admissible as a dying’ declaration, there must be clear proof that, at the time, there was, on the part of the deceased, a settled belief of impending death and the absence of all hope, however slight, of recovery. It is not necessary that he should have stated such belief, nor, on the other hand, is his mere statement thereof conclusive as to its existence.</p> <p>2. Dying- Deodabation. Competency. Eoio ascertained. Full hnqtoiiry.</p> <p>In passing on the competency of a dying declaration, the court should make full inquiry as to the circumstances, and, if necessary, require all witnesses capable of throwing light on the subject to be produced, and it should be excluded if there be a reasonable doubt as to its competency.</p> <p>3. Same. Declaration not admissible. Case.</p> <p>Although the wife of deceased testifies that he said,«upon first meeting her, the day after being hurt, that he knew he was about to die,- and afterwards stated the circumstances of the difficulty; if it appear that the wounds of the deceased were not such as to impress him or others that they were necessarily fatal; that, when, being carried to his home, thoug-h conscious, he said nothing then, or for several days, indicating- apprehension of death; that he had no physician, and no one revealed to him the g-ravity of the wound, and that he asked one to sell him goods on credit and risk his getting well to pay for them, his statement is inadmissible as a dying declaration.</p> <p>4. Homicide. Evidence. Chcvrcicter of deceased for violence.</p> <p>Where the testimony of accused himself, as the only eyewitness of the homicide, shows that, a quarrel having arisen with deceased, the latter advanced on him with an ax; and accused retreated and picked up a piece of iron and struck deceased, and then took from him the ax and with it struck him the fatal blow, testimony as to the character of deceased for violence is i