People v. Siler

Following a jury trial, defendant was convicted of second-degree murder, MCL 750.317; MSA 28.549, and was sentenced to a prison term of fifteen to thirty years. He appeals as of right. We affirm.

At the preliminary examination, the prosecutor introduced a tape made when the victim, Gordon Darwin, called the emergency 911 number for an ambulance. Defendant objected, claiming hearsay. The district court admitted the tape as a dying declaration, an exception to the hearsay rule. MRE 804(b)(2). Defendant was bound over on an open murder charge.

At the inception of trial, defendant moved to quash…