State v. White
State v. White
Opinion of the Court
Three of defendant’s assignments of error, the only ones requiring discussion, relate to receiving the officer’s testimony that the decedent told him he was dying and the defendant shot him.
Though the opinions of the doctors that decedent was in no danger of dying when the statements were made are relevant to the question before us, they are not conclusive. The mental state that is decisive in determining whether an out-of-court statement qualifies as a dying declaration, of course, is that of the declarant, not his doctor. Before permitting the officer to testify as to Sawyer’s statement, the judge conducted a thorough voir dire out of the jury’s presence and made extensive findings of fact, the most pertinent of which, for the purposes of this appeal, was that: “. . . at the time the deceased made those statements or declaration, to Sheriff Hamilton the deceased in his own mind was conscious of approaching death and believed at the time that he was dying.” Whether decedent’s hearsay statement qualifies as a dying declaration is a decision for the trial judge in the first instance; a finding that such a statement was a dying declaration and thus admissible into evidence as an exception to the rule against hearsay, if supported by evidence, will not be disturbed on appeal. State v. Stevens, 295 N.C. 21, 243 S.E. 2d 771 (1978).
That the decedent said he was dying is certainly some proof he believed he was. State v. Hamlette, 302 N.C. 490, 276 S.E. 2d 338 (1981). Had he just said it once would have sufficed, but according to the officer and the judge’s findings, he said it several times, even after the officer told him the doctors were taking care of him. Nor were his words unsupported; a bullet had been pro
Defendant’s other assignments of error have been carefully considered, and in our opinion her trial was without prejudicial error.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.