Marty was standing on a street corner waiting to make a drug buy. The drug dealer...

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Marty was standing on a street corner waiting to make a drug buy. The drug dealer was always late, so Marty waited outside in the freezing cold weather because he needed his "fix." Suddenly, a car rounded the corner and a shot rang out. Marty slumped over and fell to the sidewalk. Immediately after being shot and before he died, Marty exclaimed, "Johnny did it!" Johnny was indicted and is now on trial for Marty's murder. Based on these facts alone, the admissibility of the victim's statement. should be determined by a) The jury, after a preliminary determination by the judge b) The jury, without a preliminary determination by the judge c) The judge, with instruction to the jury that it may consider the dying declaration if it determines that the victim knew he was dying O d) The judge, without assistance from the jury Marty was standing on a street corner waiting to make a drug buy. The drug dealer was always late, so Marty waited outside in the freezing cold weather because he needed his "fix." Suddenly, a car rounded the corner and a shot rang out. Marty slumped over and fell to the sidewalk. Immediately after being shot and before he died, Marty exclaimed, "Johnny did it!" Johnny was indicted and is now on trial for Marty's murder. Based on these facts alone, the admissibility of the victim's statement. should be determined by a) The jury, after a preliminary determination by the judge b) The jury, without a preliminary determination by the judge c) The judge, with instruction to the jury that it may consider the dying declaration if it determines that the victim knew he was dying O d) The judge, without assistance from the jury