Scott v. State

A jury convicted Appellant of the offense of murder and assessed punishment at life imprisonment. Appellant raises one point of error on appeal. We will affirm.

By his sole point of error, Appellant alleges that the trial court erred in admitting, as a dying declaration, the victim Bobby McDonald’s statement identifying Appellant as the person who shot him. Under Tex. R.CRIM.Evid. 804(b)(2) (Vernon 1992), a dying declaration is admissible as an exception to the hearsay rule. Rule 804(b)(2) provides:(b) Hearsay exceptions. The following are not excluded if the declarant is unavailable as a…