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" ... where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations. "
Reports of Cases Argued and Determined in the Court of King's Bench: During ... - Страница 123
по Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825
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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 страници
...record, both in civil and criminal cases, on motions for new trials, are •'iilmitted. AUDOTT, CJ—I am of opinion that the affidavit of the dying declaration...for the purpose of accusing any body, but rather of cleuvin" the deceased himself from the iniFebruary 9. putation of having been concerned in the smuggling...

Reports of Cases Relating to the Duty and Office of Magistrates ..., Том 2

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 664 страници
...the defendant had sworn to have been prewhere 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, and had obtained a rule nisi for a new...

Commentaries on the Laws of England: In Four Books ; with an Analysis ..., Том 4

William Blackstone - 1836 - 704 страници
...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, and obtained a rule nisi for a new trial,...

A Treatise on the Law of Evidence, Част 1

Samuel March Phillipps - 1838 - 582 страници
...only where the death of the person, who made the declaration, is the subject of the charge, and where the circumstances of the death are the subject of the dying declaration. (2) It may be observed that, independently of the solemnity of the occasion upon which the communication...

A Treatise on the Law of Evidence, as Administered in England and ..., Том 1

John Pitt Taylor - 1848 - 764 страници
...in the single instance of homicide, "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 " (e). § 500. Thus, on a trial for robbery, the dying declaration of the party robbed has been rejected...

A Digest of the Law of Evidence in Criminal Cases

Henry Roscoe - 1852 - 988 страници
...death, ire only admissible in evidence where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations.^) Per Abbott, CJ, Mead's case, 2 B. & C. 600.' Therefore, where a prisoner was indicted...

A Treatise on the Law of Evidence, as Administered in England and ..., Том 1

John Pitt Taylor - 1858 - 898 страници
...in the single instance of homicide, " 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."1 § 645. Thus, on a trial for robbery, the dying declaration of the party robbed has...

A Law Dictionary and Glossary: Containing Full Definitions of the ..., Том 1

Alexander Mansfield Burrill - 1859 - 736 страници
...as evidence only in cases of homicide, where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations. 1 Greenl. on E vid. § 156. And they are admissible in evidence only where the party...

The Principles and Practice of the Law of Evidence

Edmund Powell - 1859 - 540 страници
...description is only admissible where the death of the deceased is the subject of the charge, and where the circumstances of the death are the subject of the dying declaration. Accordingly, where the defendant had been indicted by the deceased for perjury, and after conviction...

The Jurist

1861 - 624 страници
...in the single instance of hotnicidc, where the death of the deceased is. the subject of the charge, and the circumstances of the death are the subject of the dying déclaration. (Rex v. Mead, 2 B. & Cr. 608). It is this distinction that we think is taken upon no...




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