Johnson v. State
Citations
- 63 Fla. 16
Syllabus
<p>1. Dying declarations are limited to criminal prosecutions when the subject matter of the investigation is the declarant’s death; and where in a melee two persons are shot — one killed and the other mortally wounded — the dying declaration of the latter are not admissible in evidence against the party charged with killing the former.</p> <p>'2. Dying declarations made by a party who is shot and mortally wounded in a melee, made four or five hours after the shooting, and after the party had seen and spoken to several persons, cannot be. said to be the spontaneous utterances of thoughts created by or springing out of the transaction, and therefore cannot be considered as a part of the res gestae.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting proposition that statement made hours after a melee, which ended in three deaths, was a spontaneous utterance of thoughts created by, or sprung out of, the fight
Source: CourtListener parenthetical corpus (CC0).
Judges: Cockrell, Hocker, Iitpield, Shackleford, Taylor
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Cites
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