On an indictment for murder, the declarations of the deceased have sometimes been received; but then they must be the declarations of a dying man, of one so near his end that no hope of life remains, for then the solemnity of the occasion is a good security for his speaking the truth, as much so as if he were under the obligation of an oath; but if at the time of making the declarations he had reasonable prospects and hopes of life such declarations ought not to be received. In this case the declarations were made by the deceased the day after he was wounded, six or seven weeks before his death, and were rejected.
STONE, J.
I cannot think this paper is receivable at any rate. How is it possible a man can be a witness to prove his own death?
HAYWOOD, J.,
thinking there might be something in Badger's objection, did not insist upon receiving the testimony.
So it was rejected.
NOTE. — See S. v. Poll, 8 N.C. 442, where it was held that the declarations of a deceased person that he was poisoned by certain individuals, not made immediately previous to his death, but at a time when he despaired of his recovery, and felt assured his disease would prove fatal, were admissible as dying declarations.
Cited: S. v. Blackburn, 80 N.C. 478; S. v. Shouse, 166 N.C. 308.