People v. Denton

Upon trial by jury on the charge of first degree murder, by shooting, of his stepfather, defendant was found guilty of manslaughter. In this appeal he alleges error on the part of the trial court in submitting to the jury the testimony of a police officer relative to a claimed dying declaration, made by the deceased while being carried to the hospital a few minutes after the shooting. The court, in the absence of the jury, heard the testimony of the witness and held, as a matter of law, he might testify before the jury on the subject of the declaration, leaving to the jury, under proper…