State v. . Wallace

The first four exceptions taken by the prisoner question the competency of the testimony offered by the State in proof of the dying declarations of the deceased. The ground of attack is the absence of sufficient evidence to identify the assailant and to bring the declarations within the established rules of law. These exceptions, in our opinion, must be overruled.

Dying declarations are an exception to the rule which rejects hearsay evidence, but the conditions under which they are admitted by the courts have often been defined. At the time they are made the declarant must be in actual danger…