State v. Stevens

In State v. Stevens, 295 N.C. 21, 243 S.E.2d 771 (1978), the victim, who was severely burned and was told by his doctor he had a slight chance of surviving his injuries, was questioned by the police at the hospital where he was treated. 295 N.C. at 24-25, 243 S.E.2d at 773-74. He later died from the injuries and his statements were admitted at trial. On appeal, defendant argued that the admission of the dying declaration violated the confrontation clause of the Sixth Amendment. Id. at 31, 243 S.E.2d at 777. The Court determined that "the constitutional guaranty of confrontation is not coextensive with the hearsay rule. Further, the public necessity of preventing secret homicides from going unpunished requires the preservation of this uniquely valuable evidence notwithstanding the inability of the defendant to cross-examine his accuser." Id. at 32, 243 S.E.2d at 778.