Utah Supreme Court
The People, &c. v. William Tracy
June 15, 18761 Utah 343
Summary
The court held that the deceased's statements qualified as dying declarations because he believed death was imminent, but their oral repetition was inadmissible because the statements had been written and signed and the writing was neither produced nor accounted for. The court also held that the jury instructions improperly shifted the burden of proving malice and self-defense to the defendant and denied the reasonable-doubt standard. Because evidence of the deceased's violent character was relevant to whether he was likely to carry out threats against the defendant, the judgment was reversed and the case remanded for a new trial.
Holding
- Whether the deceased's statements qualified as dying declarations.. Statements concerning the cause of death made by a person who believed and realized that death was imminent may be treated as dying declarations. The deceased's statements qualified under that standard.
- Whether oral testimony about written and signed dying declarations was admissible without producing or accounting for the writing.. When dying declarations have been reduced to writing and signed by the deceased, the writing is the best evidence, and oral evidence of the declarations is inadmissible unless the writing is produced or its absence is accounted for.
- Whether the jury instructions improperly implied malice, shifted the burden of proof, and limited reasonable doubt.. A homicide does not itself imply malice. The prosecution must prove malice and the entire charged offense beyond a reasonable doubt, and the burden never shifts to the defendant; instructions contrary to those principles are erroneous.
- Whether evidence of the deceased's violent character was admissible in light of his threats against the defendant.. Evidence of the deceased's violent character was admissible because it could show that the deceased was likely to carry out his threats against the defendant.