Section 23.73 Dying Declarations

• Library: Criminal Practice 2012 Supp

C. (§23.73) Dying Declarations

The statement of a deceased victim of criminal homicide is admissible as probative of the truth of the statement if the statement was uttered while the declarant believed death was imminent and had abandoned all hope of recovery. State v. Liggins, 725 S.W.2d 75, 76 (Mo. App. E.D. 1987). The statements are only admissible if offered in a homicide prosecution. Cummings v. Ill. Cent. R.R. Co., 269 S.W.2d 111, 119–21 (Mo. 1954). There has been a limitation that the statement is only admissible as a dying declaration if it is offered when the death of the deceased is the subject of the charge. State v. Hodge, 655 S.W.2d 738, 742 (Mo. App. S.D. 1983) (disallowing admission of suicide note of alleged co-defendant that implicated defendant). The length of time between...