People v. House

In People v. House, 141 Ill. 2d 323, 566 N.E.2d 259, 152 Ill. Dec. 572 (1990), one of the victims, Kim Brooks, was found at the scene of an apartment fire with burns over approximately 40% of her body, and she later died of her injuries. Brooks had been interviewed when she was in the burn unit in critical condition, some 21/2 hours after her injuries were sustained. She was bandaged and clearly in pain. The House court concluded that, despite Brooks's injuries, there was nothing in the record which indicated that Brooks had been told she was going to die or that she had believed she was going to die. 141 Ill. 2d at 381. Thus, Brooks's statement to police did not qualify as a dying declaration. House, 141 Ill. 2d at 381.