This section contains the nature of the case and procedural background.

Soles (D) was tried for the shooting death of Clifford Long. Long had been shot in the back of the head. About 20 minutes after he was shot, and about an hour before he died, he made a statement to his father that D had shot him, and that he was going to die. The father, as well as Long's sister, offered testimony regarding this statement. D objected to its admission: although such a statement would normally fall under the dying declaration exception to the hearsay rule, the exception should not apply here because there was no evidence that Long, the declarant, believed that his death was imminent. The court allowed the testimony and did not allow a jury instruction regarding the declarant's belief of imminent death. D was convicted and appealed.

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