Pippen v. Commonwealth

Citations

• 117 Va. 919
• 86 S.E. 152
• 1915 Va. LEXIS 114

Syllabus

<p>1. Evidence &emdash; Dying Declarations &emdash; When Admissible &emdash; Weight.&emdash; Dying declarations are admissible in evidence, as an exception to the hearsay rule, where the death of the declarant is the subject of inquiry, and the declarant is under a sense of impending death and without any hope or expectation of recovery. When admitted,' the weight or credit to which they are entitled is a question for the jury.</p> <p>2. Evidence&emdash;Dying Declarations&emdash;Opinion Rule Not Applicable.&emdash; The opinion rule has no application to dying declarations. The declarant being dead, it is no longer possible to obtain from him, by questions, any more detailed data than his statement may contain, and hence his inferences are not in this instance superfluous, but are indispensable. A statement by a dying declarant that the shot inflicting a mortal wound upon him was not fired accidentally, but that the accused “done it a-purpose” is admissible on the trial of the assailant for homicide.</p> <p>3. Evidence &emdash; Dying Declarations &emdash; Resentment &emdash; Admissibility &emdash; Weight.&emdash;The exhibition of resentment towards the accused on the part of the declarant does not of itself render the latter’s dying declaration inadmissible in evidence, but goes to the weight and value of the same as evidence.</p> <p>4. Appeal and Error&emdash;Verdicts&emdash;Conflicting Evidenee.&emdash;The verdict of the jury founded on conflicting evidence and approved by the trial court cannot be disturbed on a writ of error from this court.</p>