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 Rule 804(b)(3) allows admission of statement under belief of impending death. A statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death. The admissibility of evidence is within the sound discretion of the trial court, and its ruling will be upheld unless there is a showing of an abuse of that discretion. State v. Smith, 92 N.M. 533, 591 P.2d 664 (1979). 


A dying declaration is admissible when there is a showing that the statement was made under a sense of 'impending death'. When such a declaration is made, the declarant must be conscious and the realization of approaching death must exist. State v. Stewart, 30 N.M. 227, 231 P. 692 (1924). The determination as to whether the particular testimony is admissible must depend upon the particular circumstances of each case. State v. Sanford, 44 N.M. 66, 97 P.2d 915 (1939).


In determining 'impending death', one is to look to the state of mind of the victim. Stewart, supra. Fear or even the belief that the illness will end in death is not enough for ...

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