State v. Johnson

The opinion of the court was delivered t>y

Mr. Justice McIver.

The sole question presented by this . appeal is as to the competency of certain testimony received as the dying declarations of the deceased. The rules in regard to such testimony are well settled: 1st. That death must be imminent at the time the declarations in question are made. 2nd. That the declarant must be so fully aware of this as to be without any hope of life. State v. Quick, 15 Rich., 349; State v. McEvoy, 9 S. C., 212; State v. Gill, 14 Id., 413. And 3rd. That the “subject of the charge” must be the death of the…