| Samuel March Phillipps - 1822 - 644 pages
...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,... | |
| Great Britain. Court of King's Bench - 1824 - 1040 pages
...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 the charge, and the circumstances of the death the subject of the dying declaration, (a) The affidavits were rejected. (a) The same point was... | |
| James Dowling, Archer Ryland, Great Britain. Court of King's Bench - 1825 - 638 pages
...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... | |
| William Oldnall Russell - 1828 - 836 pages
...declarations, although made with a full consciousness of approaching death, are only admissible in evidence where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration, (v) In a late case the defendant having been convicted... | |
| John Frederick Archbold - 1831 - 624 pages
...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... | |
| Henry John Stephen - 1834 - 518 pages
...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,... | |
| William Blackstone - 1836 - 704 pages
...614; R. & KCC 339. It is * 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... | |
| Esek Cowen, Nicholas Hill - 1839 - 906 pages
...; and see Anth. NP 176, note (a) ;) and, as expressed in another case, Üiey can be received " only where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the declarations." (Rex v. Mead, 2 Barn. &, Cres. 605 ; SC cited in the text.... | |
| Henry Roscoe - 1840 - 908 pages
...declarations, though made with a full consciousness of approaching death, are only admissible in evidence 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). Per Abbott, CJ Mead's case, 2 B. and C. 600 (d). Therefore,... | |
| Oliver Lorenzo Barbour - 1841 - 834 pages
...this case eleven days) after the declaration was made. (1) But these declarations are admissible only where the death of the deceased is the subject of the charge, and the causes of the death are the subject of the declaration. (u) Therefore, upon an indictment for perjury,... | |
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