Richardson v. State

Citations

• 80 Fla. 634
• 86 So. 619
• 1920 Fla. LEXIS 537

Syllabus

<p>1. Evidence of dying declarations is admissible only in cases where the declarant has abandoned all hope of recovery from the injury .received at the hands of the accused, and is convinced that his death is inevitable and near at .hand. But in passing upon the question of whether the declarant was in such mental state at the time of making the declaration as to render it admissible under tbe foregoing test, resort may be had to all the circumstances of the case and expressed utterances are not essential.</p> <p>2. Whether a sufficient and proper predicate has been laid for the admission in evidence of dying declarations is a primary matter for determination by the trial court, being a mixed- question of law and fact, and the judgment of such court thereon is entitled to great weight, every presumption being in favor of its correctness, but such ruling is subject to review by an appellate court, though it will not be disturbed, unless it clearly appear to be erroneous.</p> <p>3. Premeditated design to effect death is an essential element of the crime of murder in the first degree, and where the evidence offered is insufficient to establish this element of the crime a judgment upon a verdict finding the defendant guilty of murder in the first degree will be reversed.</p>