As long as the victim was of sane mind, I don't understand how the dying man's statement would NOT be admissible. I don't see justification for throwing it out? If I were dying from a gunshot and let it be known who did it, I would like to think it would matter.
TIS
Perhaps the actual legal experts can chime in but my understanding is that it's (or rather it WAS) problematic to allow that into the courtroom because the accused can no longer challenge his/her accuser.
And, from what I know of our legal system, perhaps it's because the Accuser can't be cross-examined. Still, to think it just doesn't matter seems unfair.
TIS
"Mankind must put an end to war before war puts an end to mankind. War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." JFK