But  it  is  not,  as  a  general  rule,  competent  to  prove  against
the  defendant  previous  declarations  of  the  deceased  made
out  of  his  presence  and  hearing,  and  not  communicated  to
him.*  Thus  in  a  murder  trial  it  is  error  to  admit  evidence
of  the  declarations  of  the  deceased,  made  several  hours  before
the  murder,  that  he  expected  the  defendant  at  his  house  that
night.^  And  evidence  that  the  deceased,  on  being  remon-
strated with  by  the  witness  for  visiting  defendant's  wife,
replied  that  he  should  go  there  as  much  as  he  pleased,  and
that  he  was  not  afraid  of  defendant  or  of  his  shooting,  was

1  State  V.  Moelchen,  53   Iowa,  310  (2)  that  declarations  of  the  deceased

(1880)  ;  s.c.  5  N.  W.  Rep.  186.  in  regard  to  liis  having  liad  a  prior

^  F:dmonds   i-.   State,  34   Ark.   720  attack  of  disease  of  some  character,

(1879).  the  nature  of  which  he  did  not  entirely

8  63  N.  C.  1  (1868).  comprehend,    and    which    were     not

*  Cheek  f.  State,  35  Ind.  492  (1871).  made  as  explanatory  of  the  state  of

See  People  v.  Carkhiiff,  24  Cal.  640  his  health  at  the  time,  but  merely  as

(1864);    Weyrich    u.  People,  89    111.  a  narrative  of  past  occurrences,  were

flO(1878);    Combs  f.  State,  75    Ind.  also    inadmissible;    (3)  that   declara-

215  (1881)  ;   Sl'ite  v.  Vincent,  24  Iowa,  tions    of    the    deceased    in    regard    to

570  (1868)  ;  s.c.  95  Am.  Dec.  753.  his  suspicions  of  his  wife's  chastity,

At  the  trial  of  a  wife  for  the  mur-  not  made  in  her  presence  or  commu-

der  of  her  husband  by  poisonine,  the  nicated  to  her,  were  also  inadmissible,

court  held  (1)  that  evidence  of  decla-  but    that    it   was    compcte.nt   for   the

rations  of  the  deceased,  made  at  dif-  prosecution  to  show  that  she  was  un-

ferent  times  through  a  period  of  some  chaste,  in  order  to  establish  a  motive

ten    years   or    more    anterior    to    his  which    might    operate    on    her   mind,

death,  out  of  the  hearing  of  the  wife,  and  induce  her  to  take  the  life  of  the

and  not  assented   to  by  her,  or  even  deceased.     Weyrich  v.  People,  89  111.
