(1) The dying declarations of a deceased person are admissible in evidence in all civil and criminal trials and other proceedings before courts, commissions, and other tribunals to the same extent and for the same purposes that they might have been admissible had the deceased survived and been sworn as a witness in the proceedings, under the following restrictions. To render the declarations of the deceased competent evidence, it must be satisfactorily proved:
(a) That at the time of the making of such declaration he was conscious of approaching death and believed there was no hope of recovery;
(b) That such declaration was voluntarily made, and not through the persuasion of any person;
(c) That such declaration was not made in answer to interrogatories calculated to lead the deceased to make any particular statement;
(d) That he was of sound mind at the time of making the declaration. Source: L. 37: p. 557, § 1. CSA: C. 63, § 21. CRS 53: § 52-1-20. C.R.S. 1963: § 52-1- 20.
Notes of Decisions
Cited in
2
cases, 1985–2017 · leading case:
People v. Lagunas, 710 P.2d 1145 (Colo. Ct. App. 1985).
People v. Lagunas, 710 P.2d 1145 (Colo. Ct. App. 1985).
· cites it 7× “” The prosecution filed an in limine motion which requested that the trial court allow the testimony of these witnesses concerning Marquez’ statements. The trial court granted this motion and permitted the testimony, finding that the statements were admissible both as dying…”
People v. Cockrell, 2017 COA 125 (Colo. Ct. App. 2017).
· cites it 11× “The primary evidence against him was the victim’s dying declaration identifying Cockrell as the shooter and a bystander’s statement that he saw a car leaving the area around the same time the victim was found that matched the description of the car Cockrell drove. ¶6 In a…”
— Colo. Rev. Stat. § 13-25-119(1) — 1 case
People v. Cockrell, 2017 COA 125 (Colo. Ct. App. 2017).
“The primary evidence against him was the victim’s dying declaration identifying Cockrell as the shooter and a bystander’s statement that he saw a car leaving the area around the same time the victim was found that matched the description of the car Cockrell drove. ¶6 In a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.