State v. Bradley

Citations

• 34 S.C. 136
• 13 S.E. 315
• 1891 S.C. LEXIS 29

Syllabus

<p>1. Dying Declarations. — The rules stated for determining what are dying declarations and governing their admissibility in evidence. Where deceased within twenty-four hours of his death, and a lew hours before becoming speechless, said that “Angus has Rilled me,” and that he had to die, that Angus had killed him, what deceased then said was admissible in evidence as a dying declaration against Angus when tried for the murder of the declarant. The uncommunicated opinion of the attendant physician that death was not then imminent does not affect the question.</p> <p>2. Expert Testimony — Ordinary Observation. — Whether a wound could have been inflicted by the injured party falling on an open knife held in his own hand, is not a matter as to which a surgeon is specially qualified by study or experience to give an opinion.</p>