Echols v. State

Citations

• 110 Miss. 577
• 70 So. 694

Syllabus

<p>1. Homicide. Dying declaration. Condition of declarant. Evidence. Necessity of objection. Instructions. Manslaughter.</p> <p>A dying declaration should be admitted in evidence where it clearly appeared that it was made at a time when deceased was in extremis and fully conscious of his impending disolution.</p> <p>.2. Homicide. Appeal. Evidence. Necessity of objections.</p> <p>Where no specific objection was made in the lower ,court to the testimony in regard to a dying declaration, such objection cannot be made for the first time on appeal in the supreme court.</p> <p>3. Homicide. Instruction. Manslaughter.</p> <p>Where on the trial of a case for homicide, the testimony submitted to the jury, viewed from different angles, and considered from different viewpoints as a whole and, separately, was sufficient to justify the jury in coming to the conclusion that the hilling was unlawful and was not in self-defense but that it was not done “with malice aforethought,” but in the heat of passion or upon sudden provocation, an instruction on manslaughter was properly given.</p>