A  dying  declaration  does  not  take  to  the  jury  irrelevant,
immaterial,  and  incompetent  statements  of  the  declarant.  State-
ments by  declarant  relating  to  distinct  transactions  and  em-
bracing circumstances  not  immediately  connected  with  the
homicide  cannot  be  received  in  evidence.  The  only  matters
which  are  receivable  are  facts  which  refer  to  the  identity  of
the  person,  and  establish  the  circumstances  of  the  res  gestae,
and  the  direct  transactions  from  which  death  results.  Ante-
cedent circumstances  disconnected  with  the  res  gestae  of  the


Jan.,  1922]  State  v.  Brooks.  1115

homicide  are  inadmissible.  An  examination  of  declarant's
statement  discloses  the  incompetency  of  many  of  the  matters
contained  therein.  What  his  wife  told  him  was  no  part  of  the
res  gestae.  What  Brooks  said  to  him  in  the  tunnel  is  in  the
same  category.  His  conversations  with  his  wife  about  a  re-
volver and  his  visit  with  his  wife  to  Brook's  house  are  incom-
petent. Briefly  stated  the  last  two  paragraphs  only  of  Exhibit
4  are  competent,  if  the  proper  foundation  is  laid  for  the  intro-
duction of  decedent's  statement  as  a  dying  declaration.
