R. v. Perry

A doctor told Agnes Summersby, in a voice quiet but loud enough for her to hear, that she might die at any moment; hours later Agnes told her sister Gertrude, "Oh, Gert, I shall go, but keep this a secret," and described how Perry (defendant) had performed an illegal abortion on her. Agnes died that evening, and Perry was charged with her murder; the trial court admitted what Agnes told Gertrude and convicted Perry, and Perry appealed, arguing the court improperly admitted inadmissible hearsay.