Is a suicide declaration admissible as a defense to a homicide charge?

Suicide declarations may be admissible as a defense to a homicide charge. (See People v. Salcido (1966) 246 Cal.App.2d 450, 461462, 54 Cal.Rptr. 820.) However, here, appellant does not offer the suicide note to demonstrate decedent's intent to commit suicide. Rather, she submits it to prove the truth of other statements in the note made in connection with the suicidal intent. Appellant offers no authority to support the contention that factual allegations made in a suicide note are admissible as dying declarations, and we find none. Although California courts have not resolved this issue,⁶ other courts have ruled that suicide declarations are not covered by their jurisdictions' respective dying declaration exceptions. Those courts have held that a statement made prior to the commission of suicide is not made in

[197 Cal.App.4th 88]