State v. Woods

In State v. Woods (1972), 47 Ohio App.2d 144, 352 N.E.2d 598, a statement was not admitted even though the declarant had been shot in the abdomen and taken to a hospital. Woods, supra, at 147. The court reasoned that the record did not show that the declarant had sensed that his death was impending and had abandoned all hope of recovery. Id. Although his wound was mortal and his condition at the time was critical, the court stated that "while these circumstances are important, they do not, in and of themselves, form a sufficient predicate to admit the statements as dying declarations." Id.