
    Mary Harper v. State of Mississippi.
    1. Criminal Law. Dying declaration.
    
    A written statemnet purporting to be the dying declaration of a deceased person, not signed by the declarant under the solemn sense of impending dissolution, is not admissible in evidence.
    2. Same.
    A written statement prepared while an injured person is in possession of his faculties, and while he believes he will recover, although intended to be signed in the event of a subsequent conviction of impending dissolution, and afterwards so signed, is not admissible in evidence as a dying declaration.
    From: the circuit court of Chickasaw county.
    Horn EugeNe 0. Sykes, Judge.
    Appellant and her husband, Leroy Harper, were jointly indicted on the charge of murdering one A. B. Bichardson. A severance was had, and appellant was tried and convicted of manslaughter. Appellant and her husband were employed to work on the farm of deceased, and were absent from their work on the day before the difficulty occurred which resulted in the death of deceased. On the day the difficulty occurred deceased went to the house of appellant and her husband to find out why they had been absent from their work, and while there a difficulty arose between the parties, in which Leroy cut deceased with a knife, and appellant struck him a severe blow with a club, from 'which injuries he died. Appellant was convicted aud sentenced to the penitentiary. From this judgment she appealed to the supreme court. The opinion of the court contains a further statement of the facts.
    
      Thomas J. Buchanan, for appellant.
    Monroe, McQlurg, attorney-general, for appellee.
   Cali-iooN, J.,

delivered tbe opinion of tbe court.

We are compelled to differ in opinion from tbe learned circuit judge as to tbe admissibility of tbe alleged dying declarations hi tbis ease. As long as Mr. Bichardson could articulate be expressed his belief that be would recover. Tbis continued for several days (six or seven) after be received tbe wound which ultimately caused bis death. It continued up to tbe time be became speechless from paralysis, after which be lived speechless, and for only three or four days. Before this stroke of paralysis be always said be would recover. But before tbe stroke, an attorney, fearing that a fatal result might ensue, prepared a declaration to be signed by tbe patient whenever be came to think be would die. Tbis was written on white paper, and it is not the paper submitted to tbe jury, the one submitted being written on yellow paper. It is not shown satisfactorily that tbe inscription on tbe yellow paper was an exact copy of that written on tbe white.- But we will suppose that it was, and still we find no sufficient evidence by tbe acts of Mr. Bichardson that be signed under tbe solemn sense of impending dissolution after bis paralysis, or of any words or acts before indicating such sense. With all tbis in view, together with tbe man’s condition when be did sign, we are unwilling to adjudge tbis document a valid dying declaration. Moreover, we think a declaration prepared by a person in full possession of bis mental faculties, and in confident hope of recovery, to be signed in tbe possible event of a subsequent conviction of a fatal termination, is too much tainted to be admissible in evidence. Such a paper at tbe time of its preparation goes for nothing, of course; and, when tbe time comes for execution of it, tbe tendency of human nature in extremis to be consistent and follow a formula, without effort, vitiates it. Such an instrument cannot be said to be the free and voluntary act of tbe person, originated and executed under a solemn sense of impending death.

Reversed and remanded.  