People v. Ah Dat
PEOPLE v. AH DAT
- Area
- criminal
- Panel
- E. W. McKinstry (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — McKinstry
By the Court, McKinstry, J.:
The paper writing offered in evidence, was improperly admitted as the dying declaration of the deceased. The *653evidence is undisputed that immediately prior to, and at the time of the alleged declaration, the deceased stated, in effect, that if he lived two or three days, he expected or hoped to get well. It is obvious that the deceased did not believe himself in such extremity that every hope of this world was gone; he did not believe his dissolution to be actually impending.
Judgment and order reversed, and cause remanded for a new trial.
Mr. Justice Rhodes did not express an opinion.
Cited by
- People v. Taylor No. 10,656 · 1881-11-15