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A 73-year-old bank guard is dying of cancer and asks that police send a detective out. In the presence of his physician and minister, the
A 73-year-old bank guard is dying of cancer and asks that police send a detective out. In the presence of his physician and minister, the guard states that he is dyinhg and wants to clear his conscience before he meets his Maker. He states that a bank burglary which occurred 6 years previously was an inside job pulled off by him and the bank manager. He states that they split the $250,000 they stole. The guard then dies. The detective arrests the bank manager and at his trial, the prosecutor subpoenas the detective, physician and minister to repeat the evidence given by the guard. Admissible? Why or why not? A. None of these answers. B. Yes it is admissible because it is not hearsay. C. No, it is hearsay and doesn't qualify as a dying declaration. D. Yes it is hearsay, but it is admissible as a dying declaration
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