People v. WILLIAMS 2

Defendant was convicted of first-degree murder (MCLA 750.316; MSA 28.548) by a Detroit Recorder’s Court jury and now appeals as of right.

Issue I

Did the trial court commit reversible error by admitting into evidence as a dying declaration the deceased’s hearsay statement as to who shot him?

Mrs. Donna Rutledge, wife of deceased victim Arthur Rutledge, testified that at about 5 a.m. on June 12, 1971 she was awakened by shots, ran outside, and found her wounded husband lying in the street. In response to Mrs. Rutledge’s query as to where he was shot, her husband replied, "All over”, and when…