Leigh v. People

Citations

• 113 Ill. 372
• 1885 Ill. LEXIS 704

Syllabus

<p>1. Evidence—dying declarations—admissibility of evidence in respect thereto. On the trial of one upon a charge of murder, the court had the jury to retire, and heard the testimony of two witnesses who were present together at the time the person injured made a statement of the facts in relation to his injury, both of whom testified as to the state of mind of the declarant at the time, and his apprehension of death, but one only as to his declarations, from which the court held the same were admissible as dying declarations. The jury were recalled, when the same testimony was repeated, and in addition the witness who had testified on the preliminary hearing only as to the mental condition of the declarant, and his apprehension of death, gave his declaration. On objection that the court should have heard, on the preliminary examination, the statement by this latter witness, of the declarations, before it was permitted to go to the jury, in order that the defendant might not be prejudiced by something improper that the witness might say, it was held, the testimony was in itself all admissible and proper, and there was no injury to the defendant in this regard.</p> <p>2. Same—affidavit of person injured, to impeach his statements subsequently made, as dying declarations. There is no material error in refusing to admit in evidence an affidavit made by a party assaulted and injured, against his assailant, showing the facts of the assault, for the purpose of impeaching his dying declarations, made afterward, when there is nothing in such affidavit contradictory of any statement in his dying declarations.</p> <p>3. Same—of an instruction, as not stating all the elements necessary to dying declarations. An instruction in behalf of the People in a capital case naming certain matters which the jury may consider in determining the weight to be given to dying declarations, is not erroneous merely because it fails to inform the jury that the declarations must have been made un