State v. Wilmbusse

Citations

• 8 Idaho 608
• 70 P. 849
• 1902 Ida. LEXIS 56

Syllabus

<p>Information — Indorsing Name of Witness. — Under section 2 of an act (5th Sess. Laws 1899, p. 125) requiring the district attorney to indorse on the information the names of all witnesses known to him, at the time of filing the same, and at such time before the trial of any case, as the court may rule or otherwise prescribe, indorse thereon the names of such witnesses as shall then be known to him it was not error to permit the prosecuting attorney to indorse the names of other witnesses on the information after the trial Jury had been impaneled, it being shown that such witnesses were unknown to him prior to that time.</p> <p>Dying Declarations — Competency to Make It. — When a paper purporting to be a dying declaration is offered in evidence, it is not error to deny the motion of counsel for defendant to then and there introduce evidence of the incompeteney of the person to make such declaration, opportunity being thereafter given to introduce such evidence.</p> <p>Mental Condition of Declaeent — Evidence.—Before a dying declaration is admitted in evidence, the competency of the person to make it must be shown.</p> <p>Evidence That Death was Imminent. — In establishing the competency of a person to make a dying declaration, it is proper to show what he said in regard to his hope of recovery or his belief that death was at hand.</p> <p>Kes Gestae. — The statement of person a few moments after he had received a fatal shot, that the defendant fired such shot, was a part of the res gestae, and was properly received in evidence.</p> <p>Witness — County Attorney. — A prosecuting attorney may be a competent witness for the state in a criminal action.</p> <p>Dying Declaration. — A dying declaration, although not all written in the presence of the person making it, may be competent, where it is shown that the entire declaration was read to the deceased, and that he fully understood it and signed it as and for his dying declaration.</p> <p>^Rejection of Offered Evidence.