Johnson v. State

Mississippi Supreme Court

Johnson v. State

43 So. 435, 90 Miss. 317

CourtMississippi Supreme Court

DecidedMarch 15, 1907

StatusPublished

Cited by2 cases

This text of 43 So. 435 (Johnson v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. State, 43 So. 435, 90 Miss. 317 (Mich. 1907).

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Opinion

Calíioon, J.,

delivered the opinion of the court.

The statement of Jackson, just before his death, was not part of the res gestae, nor a dying declaration. It was a mere narrative of past events. Its admissibility is not even plausibly suggestible, except on the basis that it was made in Johnson’s presence, undenied. But he did deny its crucial statements, and so it became hearsay, pure and simple, and should not have been admitted. An examination of the authorities in both briefs shows that such may be received only when heard in silence. Then it may go to the jury with such weight as they may give to the fact of silence, in view of the situation, the condition of the accused, and all the surroundings. But here there was denial. Brown v. State, 78 Miss., 637, 29 South., 519, 84 Am. St. Rep., 641.

Reversed and remanded.

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Calíioon, J.,

delivered the opinion of the court.

The statement of Jackson, just before his death, was not part of the res gestae, nor a dying declaration. It was a mere narrative of past events. Its admissibility is not even plausibly suggestible, except on the basis that it was made in Johnson’s presence, undenied. But he did deny its crucial statements, and so it became hearsay, pure and simple, and should not have been admitted. An examination of the authorities in both briefs shows that such may be received only when heard in silence. Then it may go to the jury with such weight as they may give to the fact of silence, in view of the situation, the condition of the accused, and all the surroundings. But here there was denial. Brown v. State, 78 Miss., 637, 29 South., 519, 84 Am. St. Rep., 641.

Reversed and remanded.

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Bluebook (online)

43 So. 435, 90 Miss. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-miss-1907.

Opinion

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