Supreme Court of Missouri
State v. Draper
October 15, 187765 Mo. 335
Summary
The court held that the murder indictment sufficiently identified the locations of the four wounds and was not repugnant or uncertain. It also held that the foundation for admitting the deceased's dying declaration was adequate, but the declaration was improperly admitted insofar as it described earlier quarrels, threats, and other events not part of the homicide. Because the inadmissible material could have affected the murder conviction, the judgment was reversed and the cause remanded for a new trial.
Holding
- Sufficiency of the murder indictment. The indictment sufficiently alleged the locations of the four mortal wounds and was not repugnant or uncertain, because multiple wounds could have been distributed between the breast and belly.
- Admissibility and scope of the dying declaration. The State established that Gilbert made the statement after abandoning hope of recovery and while death was impending, so the declaration was admissible as to the killing and its immediately attending circumstances. The court nevertheless erred by admitting portions concerning earlier quarrels, the trunk dispute, prior abuse, and prior threats, because those matters were not part of the homicide's res gestae.