The competency of dying declarations is a question for the court to determine and not for the jury; and the test of the competency should be made out of the presence of the jury.96

Dying declarations should not be admitted in evidence unless the court is satisfied beyond a reasonable doubt that they were made in extremity, in conformity with rule making them competent;97 and in testing the competency the court will take into consideration everything said and done by the deceased as well as by third persons in his presence.98 And when the accused offers competent evidence for the purpose of showing the incompetency of such declarations it is the duty of the court to hear the same before permitting the declarations to be given in evidence.99