Dee House v. State

Citations

• 94 Miss. 107
• 48 So. 3

Syllabus

<p>1. Criminal Law and Procedure. Murder. Evidence. Motive.</p> <p>A conviction of murder, otherwise supported by evidence, will not be reversed by the supreme court alone because the motive for the killing was not proved.</p> <p>2. Same. Eying declaration. Predicate.</p> <p>A dying declaration, made after a physician had advised declarant that he could live only a few hours, and spoken, only two hours-before his death, immediately following his statement that he believed he was going to die and would like to see his parents and his wife and that if he had to die he would die brave, is not subject to the objection that a proper predicate was not shown for its admission in evidence.</p> <p>3. Same. Same. Competency.</p> <p>A dying declaration, which is the direct result of observation, through declarant’s senses, is admissible; but a declaration which, comes from a course of reasoning from collateral facts is inadmissible.</p> <p>4. Same. Same. Opinion. Killed without cause.</p> <p>A dying declaration that accused killed declarant without just cause- • is admissible as a statement of a fact, and is not objectionable as the opinion of the -declarant, where the facts of the killing were known to declarant.</p>