CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Dying Declarations
.........Reqmt: Sense of Immed. Impend. Death.
 8 Cards On This Topic:
  • Belief of mortally wounded V he is about to die not incompatible with desire for medical treatment.
  • Declarant must sense imminent death for statement to be admissible.
  • Dying V's hospital statements to family that she was robbed by D properly admitted under dying declaration exception to hearsay rule.
  • Victim must make dying declaration while sensing impending death for declaration to be admissible.
  • Requirement exists that statement be made while declarant under sense of immediately impending death.
  • No requirement that declarant die within specified period.
  • No requirement that declarant die within specified period.
  • If declarant holds out even slight hope of recovery, statement not admissible as dying declaration.


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