![]() ![]() In this case, it was Held that a declaration by the victim of a shooting, 'Don't let her get away with it', did not concern the circumstances of the injuries, or state a fact, but was merely an adjuration to prosecute defendant who had shot him and inadmissible as a dying declaration. A dying declaration of the deceased concerning the circumstances of his injuries is admissible in the trial of a person accused of killing him. Criminal law - Evidence - Dying declarations - Circumstances of injuries - Belief in impending death - Attendant circumstances - Inflammatory declarations - Inferences and conclusions - Opinion rule - Adjuration to prosecute assailant. Moreover, dying declarations which contain inferences and conclusions of the declarant from facts which he knows or observes but does not state may be admissible and the opinion rule has no application to dying declarations: Wigmore on Evidence, Third Edition, Vol. ![]() The inflammatory nature of the declaration will not bar it if it is otherwise admissible. ![]()
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