Supreme Court of Kansas
The State of Kansas v. Patrick O'Shea
July 8, 189960 Kan. 772
Summary
The court reversed O’Shea’s murder conviction because the trial court admitted substantial portions of an alleged dying declaration that concerned earlier, separate events, opinions, conclusions, and matters outside the res gestae of the killing. It also held that jurors were not disqualified merely because they believed O’Shea fired the fatal shots when the shooting itself was conceded and self-defense was the issue. The court further held that the defense should have been allowed to impeach the declaration with evidence of the deceased’s condition, profanity, hostility, and irreverence near the time it was made.
Holding
- Juror qualification. A juror is not disqualified merely because the juror believes or has expressed the view that the defendant fired the fatal shots when that fact is conceded and the juror has not formed an opinion about the defendant’s guilt or innocence or shown an inability to be fair and impartial.
- Admissibility and scope of dying declarations. A dying declaration in a homicide case is limited to the act of killing and the circumstances immediately attending it that form part of the res gestae. Statements concerning prior or distinct transactions, remote events, motives, relationships, opinions, beliefs, or conclusions that would not be admissible from the declarant as a witness cannot be admitted as part of the dying declaration.
- Impeachment of dying declaration. The defense may contradict and impeach a dying declaration with evidence that, when making it, the deceased was in a reckless or irreverent state of mind, used profane language, or entertained malice and hostility toward the accused.
Docket No. 11401