Dix is on trial for killing Vetter. The prosecutor calls Winn to testify that after being shot, Vetter said, "Dix did it." Before the testimony is given, Dix's lawyer asks for a hearing on whether Vetter believed his death was imminent when he made the statement. Before permitting evidence of the dying declaration, the judge should hear evidence on the issue from 
both sides, with the jury not present, and decide whether Winn may testify to Vetter's statement.  both sides, with the jury present, and decide whether Winn may testify to Vetter's statement.  both sides, with the jury present, and allow the jury to determine whether Winn may testify to Vetter's statement.  the prosecutor only, with the jury not present, and if the judge believes a jury could reasonably find that Vetter knew he was dying, permit Winn to testify to the statement, with Dix allowed to offer evidence on the issue as a part of the defendant's case. 
Question: Dix is on trial for killing Vetter. The prosecutor calls Winn to testify that after being shot, Vetter said, "Dix did it." Before the testimony is given, Dix's lawyer asks for a hearing on whether Vetter believed his death was imminent when he made the statement. Before permitting evidence of the dying declaration, the judge should hear evidence on the issue from 
A. both sides, with the jury not present, and decide whether Winn may testify to Vetter's statement. 
B. both sides, with the jury present, and decide whether Winn may testify to Vetter's statement. 
C. both sides, with the jury present, and allow the jury to determine whether Winn may testify to Vetter's statement. 
D. the prosecutor only, with the jury not present, and if the judge believes a jury could reasonably find that Vetter knew he was dying, permit Winn to testify to the statement, with Dix allowed to offer evidence on the issue as a part of the defendant's case. 
Answer: