Mississippi Supreme Court
William L. Gambrell v. State of Mississippi
March 15, 190892 Miss. 728
Summary
The court held that a defendant may impeach a dying declaration by presenting competent evidence that the declarant lacked religious belief, even when that condition existed well before the declaration. The evidence was admissible to affect the declaration's weight, not to render it legally incompetent, and the exclusion was prejudicial because the declaration was the principal positive evidence identifying the defendant. The conviction was therefore reversed and remanded.
Holding
- Admissibility of evidence concerning the declarant's lack of religious belief to impeach a dying declaration. Evidence that the declarant lacked belief in God or a supreme being was admissible for the jury to consider in determining the weight and credibility of the dying declaration. The evidence was not offered to make the declaration incompetent, and its admissibility was not defeated because the asserted lack of belief existed a year before the declaration.