Morelock v. State
| Decision Date | 01 September 1891 |
| Parties | MORELOCK v. STATE. |
| Court | Tennessee Supreme Court |
Appeal from circuit court, Hawkins county; A. J. BROWN, Judge.
Indictment of Morelock for murder. From a conviction of murder in the second degree defendant appeals. Reversed.
H. A. Jarvis and A. J. Tyler, for appellant. The Attorney General, for the State.
The appellant has been convicted of murder in the second degree. The dying declarations of the deceased were admitted in evidence against the defendant. These declarations, together with alleged admissions of the defendant, constitute the material proof implicating defendant. The defendant, after the state had closed, offered to prove certain statements made by the deceased very shortly after he had received the wound from which he died, contradicting his dying declarations, and exculpating the defendant. Upon objection by the state these statements were rejected, as not having been made in extremis. This was error. The question has not been directly decided in the state. In McPherson's Case the dying declarations admitted in evidence were contradictory. The jury were instructed that contradictory statements in dying declarations were not governed by the rules of evidence affecting contradictory statements by a witness. This was held erroneous, and the same rules of evidence applicable to contradictory statements of a witness examined under oath held to govern in the case of contradictory dying declarations. 9 Yerg. 280. But in that case all the statements were made in extremis, and were clearly admissible as dying declarations. Here it was sought to affect the evidential value of dying declarations by statements not made in extremis, and not offered as dying declarations. The objection urged is that ground has not been laid for the admission of contradictory statements, as is required in the case of a witness under oath, who must first have his attention called to the time and circumstances that he may have opportunity to explain. This opportunity can seldom arise where dying declarations are offered in evidence, for such declarations are usually made to the friends of the declarant, and in the absence of the party against whom they are directed; and no opportunity is therefore presented for cross-examination, or for calling attention to any alleged contradictory statement. Dying declarations are a species of evidence admitted from the necessity of the case, and to be received with caution. As...
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Salas v. People
...that the decisions purporting to rest thereon, have misconstrued or misapplied them, and are founded on a false basis. In Morelock v. State, 90 Tenn. 529, 18 S.W. 259, the Court of that state, speaking of the McPherson Case, in 9 Yerg. (Tenn.) 279, says: 'But in that case all the statements......
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Green v. State
...by the state. Gillett, Ind. & Col. Ev. § 204; People v. Lawrence, 21 Cal. 368;State v. Lodge, 9 Houst. 542, 33 Atl. 312;Morelock v. State, 90 Tenn. 528, 18 S. W. 258;Carver v. U. S., 164 U. S. 694, 17 Sup. Ct. 228, 41 L. Ed. 602; 10 Am. & Eng. Enc. Law (2d Ed.) 384. Inasmuch as a defendant ......
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Green v. The State
... ... declarations. Appellant was entitled to this evidence as an ... impeachment of the dying declaration introduced by the State ... Gillett Ind. & Col. Ev. § 204; People v ... Lawrence, 21 Cal. 368; State v ... Lodge, 9 Houst. (Del.) 542, 33 A. 312, 14 Del. 542; ... Morelock v. State, 90 Tenn. 528, 18 S.W ... 258; Carver v. United States, 164 U.S. 694, ... 17 S.Ct. 228, 41 L.Ed. 602; 10 Am. & Eng. Ency. of Law ... (2nd ed.), 384. Inasmuch as a defendant has no opportunity at ... the trial to have a cross-examination as to the ... subject-matter of the dying ... ...
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State v. Mayo
...Hurd v. People, 25 Mich. 405; Battle v. State, 74 Ga. 101 Felder v. State, 23 Tex.App. 477, 5 S.W. 145, 59 Am. Rep. 777; Morelock v. State, 90 Tenn. 528, 18 S.W. 258; Green v. State, 154 Ind. 655, 57 N.E. Carver v. United States, 164 U.S. 694, 17 S.Ct. 228, 41 L.Ed. 602. The only cases to t......