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LINCOLN BERRY v. STATE OF MISSISSIPPI12/17/1992
d" for common sense knows what common experience shows: that the dying will often not declare the end they know so imminent and so eminent. "Id. at 830. It is not regarded by this Court as fatal if there is nothing in the record which directly establishes the victim's consciousness of impending death. Id.
The testimony of James Berry is admissible under Rule 804(b)(2), a rule drafted for circumstances identical to the one currently at bar, and Rule 804 should be applied. Kelly Berry had over 20 shotgun pellets in his body. Every abdominal organ was injured. Additionally, a major artery was severed and his chest was injured. Kelly Berry's consciousness of his own impending death can be reasonably inferred. His statement to his son is admissible as an exception to the hearsay rule. The trial court's ruling was correct, and this assignment of error is without merit.
Likewise, we find that the remaining assignments of error are without merit and choose not to address them.
CONVICTION OF MURDER AND SENTENCE OF LIFE IMPRISONMENT IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED.
ROY NOBLE LEE, C.J., HAWKINS, P.J., PRATHER, SULLIVAN, McRAE, AND ROBERTS, CONCUR. DAN LEE, P.J., CONCURS IN RESULT ONLY. BANKS, J., NOT PARTICIPATING.
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