The offence of murder as provided under the Criminal Code is indeed one of the most heinous of the classes of mala inse offences. The punishment for murder which is death by hanging is still one of the few offences attracting such maximum punishment1. The practical implication of the extreme nature of the offence coupled with its punishment is that it places a very high burden of proof on the prosecution, in order to secure a conviction. However, this burden of proof is so high that in most cases little errors in the discharge of this burden may result in the accused persons being acquitted of the offence or of being convicted of the lesser offence of Manslaughter2. The difficult burden of proof has in some cases led to the reluctance of the appropriate authorities to even initiate prosecution for this offence3. The fallout of this is that in some murder cases; the victim may go without a remedy unless the burden of proof is relaxed. One possible medium of relaxation is in the use of dying declarations3a