Cases Involving Admissibility of ''dying Declarations''
In People v. Harris, 236 Ill. App. 3d 574, 578-79, 603 N.E.2d 65, 177 Ill. Dec. 284 (1992), there was no evidence that the victim made statements indicating that she believed she was going to die or that medical personnel advised the victim about her condition. Harris, 236 Ill. App. 3d at 579.
The reviewing court merely upheld the trial court's decision not to admit the victim's statement as a dying declaration.
In People v. Montague, 149 Ill. App. 3d 332, 345-46, 500 N.E.2d 592, 102 Ill. Dec. 699 (1986), a police officer told the victim that he was seriously injured, but the victim was never told and never expressed any belief that he was dying.
In fact, the victim attempted to leave, and the officer had to settle him back down on the floor.
In People v. Odum, 27 Ill. 2d 237, 243-44, 188 N.E.2d 720 (1963), although several police officers told the victim that his condition was serious and that he might die, no medical personnel had advised him that he faced imminent death.
When the victim asked an attending nurse if he was " 'in pretty bad shape' " the nurse replied, " 'I wouldn't say that because I have seen worse cases.' " Odum, 27 Ill. 2d at 241-42.
According to the court, "what the victim himself said cannot be construed as indicating that he had abandoned hope." Odum, 27 Ill. 2d at 243.