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Soles v. State
97 Fla. 61 (1929)
Facts: D was convicted of manslaughter and judge allowed
the dying statement of the victim. D claimed that jury and not the judge
determines whether statement made under sense of impending death.
Issue: Does the judge or the jury decided whether statement
made under sense of impending death?
Holding: Judge
Reasoning: The judge determines whether all the conditions
which are necessary for admission are present and then it is the jury that
determines what weight is to be given to the admitted statements. The Court
determines the admissibility, and the jury determines the credibility.
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