In the discussion of this question, it is thought that the present condition of the law can be made most satisfactorily to appear by gathering the declarations of various courts found in illustrative opinions, and a good portion of this article will attempt this collection. Where the courts of particular states have not spoken upon this particular question, and cases illustrating the principle as applied to confessions exist, they have been used. And in a few instances cases involving the law of the admissibility of confessions have been used, though there were cases involving dying declarations, because they were more representative of the views of the court, by reason of the particular way in which the question arose and was considered.
Lane, Victor H. "Right of Jury to Review Decisions of the Court upon the Admissibility of Evidence as Illustrated in the Law of Dying Declarations." Mich. L. Rev. 1 (1903): 624-44.