People v. Chase

We entirely agree with the rule laid down by Mr. Justice PARKER in his opinion governing the admission of dying declarations; but we do not think he gives sufficient force to the testimony showing the condition of mind of the deceased at the time of making the declaration which is the subject of the exception which is considered fatal to the conviction in the case at bar. We think that, had death followed quickly after, the making of the declaration in question, no doubt could possibly have arisen but that the witness showed that condition of mind in the deceased which justified the court in…