Copeland v. State

Citations

• 58 Fla. 26

Syllabus

<p>Criminal Law — Dying Declarations, When Admissible — Opinion Evidence on Medical Questions.</p> <p>1. To render dying declarations admissible, tbe trial judge must be fully satisfied tbat tbe deceased 'declarant, at tbe time of their utterance, knew that bis death was imminent and inevitable, and tbat be entertained no bope of recovery. This absence of all bope of recovery, and appreciation by tbe deceased of bis speedy and inevitable death is a preliminary foundation tbat must always be laid to make such declarations admissible. It is a mixed question of law and fact for tbe judge to decide before permitting tbe introduction of tbe declaration itself. It is not necessary tbat such preliminary foundation should be proven by express utterances of tbe deceased, but it may be gathered from any circumstance or from all tbe circumstances of the case.</p> <p>2. Tbe settled’ rule is tbat to give an opinion on medical questions, one may be qualified by study without practice, or by practice without study.</p>