The Law School Authority

Soles v. State Case Brief

Summary of 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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