Trace Your Case

ISSUE:

Can the recorded dying declaration of the deceased be ignored merely because the doctor had not made the endorsement that the deceased was in a fit state of mind to make the statement?

RULE:

The dying declaration of the deceased thus recorded cannot be ignored merely because the doctor had not made the endorsement that the deceased was in a fit state of mind to make the statement in question.

The juristic theory regarding the acceptability of a dying declaration is that such declaration is made in extremity, when the party is at the point of death and when every hope of this world is gone when every motive to falsehood is silenced, and the man is induced by the most powerful consideration to speak only the truth.

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