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" ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2). "
A Digest of the Law of Evidence in Criminal Cases - Σελίδα 26
των Henry Roscoe - 1840 - 854 σελίδες
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A Treatise on the Law of Evidence, Τόμος 1

Samuel March Phillipps - 1822 - 644 σελίδες
...the admissibility of dying declarations is, that they are admissible only in criminal prosecutions, where the death of the deceased is the subject of the charge against the prisoner. On a question of pedigree, it has been lately determined, in an action of ejectment,...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Great Britain. Court of King's Bench - 1824 - 1040 σελίδες
...decisions proceeded, but within the general rule, that evidence of this description is only admissible where the death of the deceased is the subject of...circumstances of the death the subject of the dying declaration, (a) The affidavits were rejected. (a) The same point was ruled in Her v. Hutchinson, tried...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Great Britain. Court of King's Bench - 1824 - 1082 σελίδες
...: Held, that it could not be read ; for that dying declarations are admissible only where the death is the subject of the charge, and the circumstances of the death the subject of the declaration. The King on the Prosecution of James Law v. William Mead, H. 4&5G.4. 605 16. Where a libel...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 4

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 888 σελίδες
...&. 5 G. 4. 37 3. It is a general rule in criminal cases that dying declarations are admissible only where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declaration ; therefore, where a defendant had been convicted of perjury,...

Reports of Cases Relating to the Duty and Office of Magistrates Determined ...

James Dowling, Archer Ryland, Great Britain. Court of King's Bench - 1825 - 638 σελίδες
...SMUGGLERS, 3, 4. 1. It is a general rule in criminal cases that dying declarations are admissible only where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declaration ; therefore, where a defendant had been convicted of perjury,...

A Treatise on Crimes and Indictable Misdemeanors, Τόμος 2

William Oldnall Russell - 1828 - 836 σελίδες
...apprehension of danger, ii. 686 his consciousness is a question for the judge, ii. 687 only admissible, when the death of the deceased is the subject of the charge...the circumstances of the death the subject of the declaration, ii. 687 of a convict, ii. 687 of an accomplice, ii. 687, 688 parol declaration admissible,...

Reports of Cases Determined in the Several Courts of Westminster ..., Τόμος 1

Sir William Blackstone - 1828 - 604 σελίδες
...' Ca., 1 Leach, CC 337, 1 East, PC 353, n. Dying declarations are only admissible, where the death is the subject of the charge, and the circumstances of the death the subject of the declaration ; R. v. Mead, 2 B. & C. 605, 4 D. & R. 120. (h) Or 10 Mod. /•',-•. v. //,•/„•„,,...

Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With ...

John Frederick Archbold - 1831 - 624 σελίδες
...the declarations were made. R, v. Moseley, R. Sf M. 97. But these declarations are only admissible where the death of the deceased is the subject of the charge, and the causes of the death the subject of the dying declaration. R. v. Mead, 2 B. Sf C. 608, per Abbott, CJ...

The Justice of the Peace and Parish Officer, Τόμος 2

Richard Burn - 1831 - 1154 σελίδες
...of KB held, that it could not be read ; for dying declarations are admissible only where the death is the subject of the charge, and the circumstances of the death are the subject of the declaration. So, in trials for robbery, the dying declarations of the party...

Summary of the Criminal Law

Henry John Stephen - 1834 - 518 σελίδες
...sense of his situation. — 1 Chitty, Cr. Law, 569, 570; 1 Phil. Ev. 225. But they are admissible only where the death of the deceased is the subject of the charge, and the cause of death the subject of the dying declaration. — 2 Barn. & Cres. 608. An insane person cannot,...




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