The New International Encyclopædia/Declaration, Dying

​DECLARATION, Dying. A statement as to the cause of his death, made by a person who has been physically injured at the hands of another, and who has given up all hope of recovery and who does later die of that injury. Only such of his statements as he could have testified to if he had lived to go on the witness stand are allowable. The substance of what was said by the dying person may be given by a witness if he cannot remember the exact words. The reason given for allowing them is that the person injured is under a solemn sense of impending death and will have every reason for telling the exact truth as if he were under oath. As these statements must be repeated by one who was present and heard them, his character enters into the weight of the evidence, and it is for the jury to determine whether he repeats what was said accurately. The jury may also give such credence to the deceased’s story as in their judgment it deserves. It is for the court to rule in the first instance whether the statements are admissible as a dying declaration. They are only admissible in a case of the prosecution for the murder or manslaughter of the person making them, and are one of the exceptions to the hearsay rule. See Evidence; Hearsay Rule.