The preliminary testimony introduced by the state to show that the deceased had abandoned all hope of recovering is far from being strong enough to meet the requirements of the law in that behalf, as repeatedly announced by this court.
It was therefore error, and fatal error, to admit the alleged dying declaration.
Per Curiam.The above opinion is adopted as the opinion of the court, and, for the reasons therein set out, the case is reversed and remanded.
Beversed and remanded.