State v. Hunter

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Before dying declaration can be admitted it must be shown that it was made in extremis. State v. Roberts, 28 Nev. 270; People v. Hodgdon, 55 Cal. 72. Declarant must be without hope of recovery and in articulo mortis. Bilton v. Territory, 99 P. 163. Declarations must relate to facts and not matters of opinion. People v. Taylor, 59 Cal. 640. "I think that this man (the defendant) shot me" is inadmissible. People v. Wasson, 4 P. 555.

Rev. Laws, 7165, provides that…