|Charge: murder of V.
Dr. Jones is called to the stand by the prosecution. At D's request the
judge first listens to Dr. Jones's testimony out of the presence of the
jury. Jones states that just before V died, Jones said to her, "You
are very badly wounded," and that shortly thereafter V mumbled, "D
did it." The judge thinks that V probably knew she was dying but recognized
that reasonable people might differ on that question. The judge also thinks
that V probably did not say, "D did it," but rather mumbled something
else which the doctor misunderstood, but the judge recognizes that reasonable
persons might also differ on that. Defense counsel objects to Jones's being
allowed to testify before the jury. What ruling and why?