Piercy v. State

In the decision heretofore rendered in this case, ante, p. 301, 293 N. W. 99, a sworn statement of the deceased, set out in full in the opinion, was held to be a dying declaration and, as such, admissible in evidence. Defendant, by motion for rehearing, assailed the holding, contending that the statement did not meet the requirements of a dying declaration, that it was not admissible, and that its submission to the jury constituted prejudicial error. A reargument was granted.

An examination of the record clearly reveals that the deceased, some hours prior to making the statement in question,…