People v. Jenkins

Just prior to jury trial for murder, court granted Defendant's motion in limine to exclude, as hearsay, statements that victim had made to police officers after he was shot. Court properly made factual determination that statement was not within hearsay exception for dying declarations. Victim made statement at the hospital, after coming through surgery, and it was not clear that victim believed that his death was imminent at time of statement. (POPE and HARRIS, concurring.)