People v. Franklin

Defendant was found guilty by a Detroit Recorder’s Court jury of the charged offense of first-degree murder, MCLA 750.316; MSA 28.548. Having been subsequently sentenced to life imprisonment, he now appeals as of right.

On appeal, defendant propounds two claims of error. First, he argues that statements made by the decedent, Mr. Weiss, subsequent to having suffered the fatal gunshot wounds should not have been received into evidence as dying declarations. After the jury had been picked and sworn, the court dismissed the jurors so that the parties could present arguments concerning the…