Cases Reported, Cases Argued and Decided in the Supreme Court of Mississippi Volume 128

Cases Reported, Cases Argued and Decided in the Supreme Court of Mississippi Volume 128

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...waived such right by contract, and the doctrine of strict construction will prevent one of the parties appointing a trustee without the consent of the other, unless the power, strictly construed, azlthorized him to do 80, which clearly is not the case in this case. It was therefore error for the court to uphold the sale by the substituted trustee. The C'-ins!-' JUSTICE concurs in this dissent._ 1. HOMICIDE. Question by dcccascd as to why defendant shot him, and deceased's stalement that he ncver harmed any one, held adniitsible as part of dying declaration. Vhile making a dying declaration the deceased. who was killed by the defendant on trial for homicide, asked the person to whom the declaration was being made why the defendant shot him, and stated that he never harmed the defendant, never harmed any one; this question and statement are not the expression of a mere opinion by the deceased, but are, in effect, a statement of fact that the defendant shot the deceased for nothing, and are admissible in evidence as a part of the dying declaration. 2. HOMICIDE. Dcccascri's statement several months before his death, that he cxpeclcd to gct well, held not admissible to impeach his subsequent dying declaration. A statement by the deceased on a trial for homicide, made while in the hospital and several months before his death, that he expected to get well and return home, is not admissible in evidence to impeach the credibility of a dying declaration, made by the deceased some months thereafter. 3. HOMICIDE. Where evidence conflicts ax to who was aggressor, dcceascd's uncoimnunicatcd threat against defendant is admissible. Where the evidence on a trial for homicide as to whether the deceased or the defendant was the aggressor...
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Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • United States
  • English
  • black & white illustrations
  • 1236769163
  • 9781236769169