State v. . Moody
3 N.C. 31
Sup. Ct. N.C.
1798
Check Treatment

Lead Opinion

I cannot think this paper is receivable at any rate. How is it possible a man can be a witness to prove his own death?





Addendum

thinking there might be something in Badger's objection, did not insist upon receiving the testimony.

So it was rejected.

NOTE. — See S. v. Poll, 8 N.C. 442, where it was held that the declarations of a deceased person that he was poisoned by certain individuals, not made immediately previous to his death, but at a time when he despaired of his recovery, and felt assured his disease would prove fatal, were admissible as dying declarations.

Cited: S. v. Blackburn, 80 N.C. 478; S. v. Shouse, 166 N.C. 308.