Fannie v. State

Citations

• 101 Miss. 378
• 58 So. 2

Syllabus

<p>1. Homicide. Evidence. Eying declaration. Trial. Argument of counsel.</p> <p>In order that a dying declaration may be admissible in evidence, it must appear beyond a reasonable doubt, to have been made under the realization and solemn sense of impending death. The deceased at the time of making the declaration, must have had no hope, however slight, of recovery.</p> <p>2. Criminal Law. Improper argument of counsel.</p> <p>It is reversible error for the prosecuting attorney in the argument of a criminal case to call the attention of the jury to the fact that the wife of defendant had not testified and that the state could not introduce her as a witness.</p>