Payne v. State

Decided October 15, 1883

Mississippi Supreme Court · decided 1883-10-15

Hon. A. T. Eoane, Judge. The appellant was indicted for the murder of Joseph M. Hawkins and convicted of manslaughter. The only witness of the occurrence testified that Hawkins was sitting near the door of his place of business about dusk one evening, when Payne rode up and requested an interview; that Hawkins declined to talk with him upon the ground that he was drunk, and.

Relies on Ketchum v. Stout

Good law ✅— No negative treatment on recordhow we know

Decided 1883-10-15

How this case has been cited

Cited by 11 later decisions — most recently February 1960

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2It is not a valid objection to the admission of dying declarations that the facts sought to be established by them may be proved by other witnesses than the decedent. Such declarations are admissible only as to the circumstances of the killing and are restricted to a statement of facts, and opinions and inferences are to be excluded, but the dying declaration admitted in this case was of a fact and not an opinion or inference of the declarant. It was that *164the defendant shot him without cause. It was not error to admit this declaration. Wroe v. State, 20 Ohio St. 460.

¶3Judgment affirmed.