Jackson v. State

Citations

• 94 Miss. 83
• 47 So. 502

Syllabus

<p>1. Criminal Law and Procedure. Murder. Evidence. Dying declaration. Sense of impending dissolution.</p> <p>The declarations of a dying man are sufficiently shown to have been made under a sense of impending dissolution to make them admissible in evidence, if otherwise competent, where it was shown that the deceased had been informed by his attending physician that there was no hope for his recovery and that he announced, when he made the declarations, that he was going to die, that he could not live and that his stomach was killing him.</p> <p>2. Same. Same. Killed for nothing.</p> <p>A dying declaration is admissible in evidence, where otherwise competent, although it be merely the statement by the declarant that accused killed him for nothing.</p> <p>3. Same. Prosecuting lawyer. Improper argument. Harmless error.</p> <p>A statement by the prosecuting lawyer, in argument to the jury, ■ to the effect that more murders had been'committed in the county than elsewhere in the state, and that it was high time for the juries to put a stop to them, does not constitute reversible error where upon objection the court advised the jury that it was improper and should he disregarded.</p>