§ 13-25-119 — Dying declarations

(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.

Legislative History

Source: L. 37: p. 557, � 1. CSA: C. 63, � 21. CRS 53: � 52-1-20. C.R.S. 1963: � 52-1-20.