Carver v. United States (160 U.S. 553)

Frank Carver was convicted of the murder of Anna Maledon in the circuit court of the United States for the Western district of Arkansas, and sentenced to be hanged, whereupon he sued out this writ of error.

The fatal wound was inflicted by the discharge of a pistol on the night of March 25, 1895, at Muscogee, Creek Nation, in the Indian country, but the death occurred at Ft. Smith, Ark., May 19, 1895.

In addition to other evidence, there was testimony tending to show that Carver and the deceased were attached to each other; that he was very drunk on the night of the homicide; and that he was in the habit of carrying a pistol, which he was flourishing at that time. A declaration in writing in respect of the circumstances attendant upon the commission of the act, made by the deceased March 27, 1895, was admitted in evidence against objection as made under a sense of impending death.

The testimony of the clerk of the court, Wheeler, to the effect that the deceased, after she was brought to Ft. Smith, which was April 14, 1895, said that her former statement was true, was admitted, subject to an exception because no proper foundation was laid for its admission.

Exceptions were also taken to certain parts of the charge.

''Wm. M. Cravens,'' for plaintiff in error.

Asst. Atty. Gen. Dickinson, for defendant in error.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.