People v. Fuhrig

Defendant, having been convicted of the crime of abortion, appeals from the judgment and order denying her motion for a new trial.

The most important testimony in the case bearing upon defendant’s guilt consists of a so-called dying declaration of the deceased. The conclusion the court has arrived at as to the admissibility of this declaration demands a new trial of the defendant. This declaration was in writing and signed by the deceased. It began as follows:

“Knowing I am about to die, I hereby make this my last statement and declare same to he the truth and the whole truth, so help me God.”…