Wright v. State

The one question of merit presented by this record is as to the admission in evidence of the dying declaration of deceased.

The usual predicate as to a consciousness of impending death was laid and the subject-matter of the statement was admissible. Humber v. State, 21 Ala. App. 378, 108 So. 646.

The defendant, however, by proper questions propounded on cross-examination and by a motion to exclude the dying declaration, after it had been proven by undisputed testimony that deceased did not believe in God, did not believe in a Supreme Being, did not believe there was a place to reward the…