People v. Ah Dat (1875) · DecisionDepot

People v. Ah Dat

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 10,165Published

Before: McKinstry

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Holding. The court held that a statement is inadmissible as a dying declaration if the declarant expresses hope for recovery and does not believe that death is imminent.

Issues

Whether the trial court erred in admitting a statement as a dying declaration when the declarant expressed hope for recovery.

Disposition. Reversed and remanded for a new trial.

Quotations verified verbatim against the opinion

“The paper writing offered in evidence, was improperly admitted as the dying declaration of the deceased.”

“It is obvious that the deceased did not believe himself in such extremity that every hope of this world was gone; he did not believe his dissolution to be actually impending.”

Synopsis

Dzma Declabations.—Dying declarations are not admissible in evidence, unless the declarant believes himself in such extremity that every hope of this world is gone, and that his dissolution is actually impending.

By the Court, McKinstry, J.: The paper writing offered in evidence, was improperly admitted as the dying declaration of the deceased. The [653]evidence is undisputed that immediately prior to, and at the time of the alleged declaration, the deceased stated, in effect, that if he lived two or three days, he expected or hoped to get well. It is obvious that the deceased did not believe himself in such extremity that every hope of this world was gone; he did not believe his dissolution to be actually impending.

Judgment and order reversed, and cause remanded for a new trial.

Mr. Justice Rhodes did not express an opinion.

People v. Ah Dat

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