Gambrell v. State

Citations

• 92 Miss. 728
• 46 So. 138

Syllabus

<p>1. Ckiminax, Law and Procedure. Evidence. Eying declarations. Impeachment.</p> <p>A dying declaration is in law no more sacred than ordinary testimony and is subject to be impeached by testimony which impairs its-value.</p> <p>2. Same. Code 1906, § 1919. Religious delief or want of it</p> <p>Testimony that deceased did not believe in a Supreme Being, offered to discredit his dying declaration, is not rendered inadmissible:</p> <p>(a) By the fact that it relates to a time a year before his death; or</p> <p>(5) By Code 1906, § 1919, providing that no one shall be disqualified as a witness because of his religious belief or the want of it.</p> <p>3. Same. Row legal doubts resolved.</p> <p>Where there is a serious doubt in a criminal case touching the admissibility of evidence, or regarding the propriety of an instruction, it should be resolved in favor of the accused.</p>