Green v. State

Citations

• 43 Fla. 552

Syllabus

<p>1. It is error to admit in evidence, as a dying declaration, a writing-not signed by the deceased, but certified to by a justice of the peace as containing the statement made by the deceased, in the absence of testimony that the deceased' did make the statement contained in the writing and believed at the time that his death was imminent and that he entertained no hope of recovery. Such a paper should not be admitted per se as independent evidence of a dying declaration.</p> <p>2. When the prosecution offers a dying declaration of the deceased in evidence it should first be shown to the satisfaction of the court that at the time the declaration was made the deceased not only considered himself in imminent danger of death, but must be without hope of recovery, and the circumstances under which the statement was made should be shown in order that the court may determine whether the statement should go to the jury as a dying declaration.</p>