Marley v. State

Citations

• 109 Miss. 717
• 69 So. 210

Syllabus

<p>1. Criminal Law. Objections to indictment. Presentation beloio. Evidence. Dying declaration. Objection to. Homicide. State: ment of fact. Admissibility. ’Weight. Competency. Determination. Instructions. Statement of bystander. ■ Previous difficulty. Profane language.</p> <p>An objection' to an indictment based on the ground that the grand jury was not sworn, is not well taken, when first raised after conviction, on appeal in the supreme court, since under Code 1906, sections 1413-1426-1427 so providing, a judgment of conviction shall not be arrested for any defect or omission in any grand jury which might have been raised before verdict.</p> <p>2. Criminal Law. Evidence. Dying declaration. Objection.</p> <p>Where in the trial of a case for homicide the only objection to the admission of a dying declaration, was that it was a statement of a conclusion and not a statement of facts, such an objection did not properly present the ground that the declaration was inadmissible because declarant was actuated by malice, ill will, and a spirit of revenge.</p> <p>3. Homicide. Dying declaration. Statement of fact.</p> <p>A statement in a dying declaration by deceased that defendant killed him was not objectionable as a statement of an opinion, instead of a statement of fact. ></p> <p>i. Homicide. Dying declaration. Extent.</p> <p>A dying declaration must be restricted to the act of killing and the circumstances immediately attending the act which forms a part of the res gestae.</p> <p>5. .Homicide. Dying declarations. Admissibility. Weight.</p> <p>It is the province of the trial court to determine whether the dying declaration was made in extremis, and whether declarant realized his condition,- and whether it should be submitted to the jury at all. It is for the jury to say under proper instructions, when such declaration is admitted in evidence, what weight shall be attached to it.</p> <p>6. Dying Declakations. Competency. Determination.</p> <p>If the evidence as to the dyi