Dying declarations are statements of relevant and material facts, made by a sane mind under the realization and solemn sense of impending death, by one who was about to die, and who has abandoned all hope of living, and who subsequently died, relating to the cause and circumstances surrounding his death, and the particulars and manner of the killing of declarant.

Such declarations are admissible only in cases of homicide, where the death of the deceased is the subject of the charge, and where the circumstances attending the death are the subject of the dying declarations.

The objections to dying declarations are: (1) They are not under oath; (2) the accused has not the opportunity of confronting the declarant; (3) and there is no opportunity for cross-examination. These conditions, however, were brought about by the wrongful act of accused, and he cannot complain. The awful solemnity of impending death silences every motive to falsehood and supplies a sanctity equivalent to an oath.

The reason for the admission of dying declarations is one of necessity. The assassin's act is a. deed of darkness and of cunning, and the fatal blow is generally struck when no one but the assassin and his victim are present. And to exclude such dying declarations on the ground of hearsay would mean the evasion of justice by the shrewdest and most subtle murderers. If the statement of the deceased was reduced to writing and signed by him before death, it is necessary that the writing be produced, if existing; and no copy or parol evidence thereof can be received. Where the declarations have been repeated at different times, some of which were reduced to writing, and others not, the declarations not reduced to writing may be proved by parol, if the written declaration cannot be produced. Sometimes, where the deposition of the victim has been taken, and, for want of compliance with legal formalities, is inadmissible, it has still been received in evidence as a dying declaration.