PEOPLE v. SMITH

Docket No. B037394.

214 Cal.App.3d 904 (1989)

263 Cal. Rptr. 155

THE PEOPLE, Plaintiff and Respondent, v. LYNNARD ARVANT SMITH, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

October 13, 1989.


Attorney(s) appearing for the Case

COUNSEL

George L. Schraer, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Edward T. Fogel, Jr., William T. Harter and Cindy M. Lopez, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ARABIAN, J.

INTRODUCTION

John of Gaunt:

"O! but they say the tongues of dying men "Enforce attention like deep harmony: "Where words are scarce, they are seldom spent in vain "For they breathe truth that breathe their words in pain."1

The dying declaration stands as one of the earliest recognized exceptions to...

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