State v. Quintana
Supreme Court of New Mexico
644 P.2d 531 (N.M. 1982)
Rosinaldo Quintana (defendant) was charged with shooting and killing Telesfor Lopez. After being shot, Lopez was taken to the hospital, where his own lawyer questioned him about the shooting; Lopez gave details implicating Quintana. Lopez had not been told he would die, but he knew his back was broken and that there was a strong possibility of death; he died three hours later. The trial court admitted his statements as a dying declaration, and Quintana was convicted. The court of appeals reversed, and the prosecution appealed.
Whether a statement made by a declarant who believes, but is not certain, that his death is imminent is admissible as a dying declaration concerning the cause or circumstances of his impending death.