People v. Lee Sare Bo

Defendant was convicted of murder, and sentenced to be hanged. His counsel presents for our consideration seven assignments of alleged error.

I. Gon Yen, widow of Ah Chuck, whom it is alleged defendant killed, -was called as a witness by the prosecution and testified against the objection of defendant to a declaration made by her husband immediately after the shooting, in which he stated that the defendant shot him. The prosecution claimed that the statement was made by Ah Chuck under a sense and belief of impending death, and without any hope of recovery, and was therefore admissible as a…