State v. Corson
| Decision Date | 16 May 1932 |
| Docket Number | No. 272.,272. |
| Citation | 160 A. 555 |
| Parties | STATE v. CORSON. |
| Court | New Jersey Supreme Court |
Error to Supreme Court.
Olive Corson was convicted of abortion, and the judgment having been affirmed by the Supreme Court (157 A. 103), she brings error.
Affirmed.
Edison Hedges, of Atlanta City, for appellant.
Louis A. Repetto, Prosecutor of the Pleas, of Atlantic City, for the State.
The judgment under review will be affirmed, for the reasons given in the opinion of the Supreme Court, except as herein noted.
With respect to the admissibility of the dying declaration, its competency as evidence was sufficiently established by the recital therein contained, as follows: "I know that I will not live, and that my statement is my last." It is settled that such a recital in the declaration itself will justify its admission in evidence. State v. Biango, 75 N. J. Law, 284, 68 A. 125; Id., 79 N. J. Law, 523, 80 A. 487; State v. Turco, 98 N. J. Law, 61, 118 A. 579, affirmed 99 N. J. Law, 96, 122 A. 844.
The fourth point, relating to opinion evidence by the nurse, is not supported by a proper objection at the trial, and therefore needs no consideration. The fourth assignment of error and fourth cause for reversal show on their face that the objection was to the answer as not responsive—an objection which may be taken only by examining counsel. State v. D'Adame, 84 N. J. Law, 386, 86 A. 414, Ann. Gas. 1914B, 1109. A prior objection was to an entirely different question, after it had been answered; and that is not brought before us. The fourth assignment and cause for reversal reads as follows:
It will be observed that, as we have said, the objection was to the answer as not responsive. Counsel first used the word "question" and then corrected it to "answer." If he really meant to...
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... ... 747; ... Crittendon v. State, 157 Tenn. 403, 8 S.W.2d 371. In ... determining whether a dying declaration is admissible both ... surrounding circumstances and the express language of the ... declarant may be considered. State v. Hanson, 53 ... N.D. 879, 207 N.W. 1000; State v. Corson, 109 N.J.L ... 144, 160 A. 555; People v. Jones, 130 Cal.App. 717, ... 20 P.2d 713; 1 C.J.S. p. 334; Underhill, Crim. Ev. 4th ed ... § 212. In this case the deceased's physical ... condition together with her statements furnish evidence ... justifying the trial court in finding that the ... ...
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...should be disregarded; and, this course not having been taken, no reversal could be had. The judgment was affirmed in this court, 109 N. J. Law, 144, 160 A. 555, on the opinion of the Supreme Court except as to one point not here The very recent case of Berger v. United States, 295 U. S. 78......
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...State v. Terry, 91 N.J.L. 539, 103 A. 238 (E. & A.1917); State v. Corson, 108 N.J.L. 12, 157 A. 103 (Sup.Ct.1931), affirmed 109 N.J.L. 144, 160 A. 555 (E. & A.1932); State v. Hauptmann, 115 N.J.L. 412, 416, 180 A. 809 (E. & A.1935); State v. Deegan, 133 N.J.L. 263, 44 A.2d 104 (E. & A.1945)......
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...v. McCormack, 93 N.J.L. 287, 107 A. 475, affirmed 94 N.J.L. 262, 109 A. 925; State v. Corson, 108 N.J.L. 12, 157 A. 103; affirmed 109 N.J.L. 144, 160 A. 555; State v. Hauptmann, 115 N.J.L. 412, 416, 180 A. 809. Nos. 22, 25 and 27 are addressed to the contention that the verdict of the jury ......