State v. Banister

Citations

• 35 S.C. 290
• 14 S.E. 678
• 1892 S.C. LEXIS 166

Syllabus

<p>1. Dying Declarations are admissible in evidence when the trial judge is satisfied that the death of declarant was imminent, and that he had no hope of recovery, and where the subject of the charge against the prisoner on trial is the death of declarant, and the circumstances of the death was the subject of the declarations ; all which requirements were fully met in this ease. '</p> <p>2. Ibid. — Judge and Jury. — These matters of fact must be determined by the trial judge in the first instance, and if in his judgment the conditions are fulfilled, then the dying declarations are admissible and competent, the credibility, and the circumstances affecting the credibility, of such declarations being a matter for the jury.</p> <p>3. Ibid. — Other declarations made by deceased on a later day, at a time when he had regained hope of recovery and so expressed himself, wore properly excluded.</p> <p>4. Evidence — Coroner's Inquest. — On a trial for murder, evidence given by a witness at the inquest over the body of the deceased, may be proved by the coroner in contradiction of testimony given by this same witness at the trial.</p> <p>5. A Charge to the Jury must be read as a whole; and so considered in this case, alleged errors in extracted sentences have no support.</p>