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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). "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 341
por Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882
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A Treatise on the Law of Evidence, Volume 1

Samuel March Phillipps - 1822 - 644 páginas
...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,...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench - 1824 - 1082 páginas
...: 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...
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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 páginas
...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,...
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Reports of Cases Relating to the Duty and Office of Magistrates ..., Volume 2

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 664 páginas
...not admissible upon this inquiry. I believe it is a general rule that evidence of this description is only admissible where the death of the deceased is the subject of inquiry, and the circumstances of the death are the subject of the dying declaration. There may be...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 4

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 888 páginas
...not admissible upon this inquiry. I believe it is a general rule that evidence of this description is only admissible where the death of the deceased is the subject of inquiry, and the circumstances of the death are the subject of the dying declaration. There may be...
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A Treatise on Crimes and Indictable Misdemeanors, Volume 2

William Oldnall Russell - 1828 - 836 páginas
...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,...
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Reports of Cases Determined in the Several Courts of Westminster ..., Volume 1

Sir William Blackstone - 1828 - 604 páginas
...' 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. //,•/„•„,,...
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An Analysis Of, and Digested Index to the Criminal Statutes, Alphabetically ...

William Robinson - 1829 - 258 páginas
...ARTICULO MORTIS— continued. says as matter of opinion. Rex v. Sellers, MSOB 1796. These declarations are only admissible where the death of the deceased is the subject of inquiry, and the circumstances of the death are the subject of the dying declarations, and the Ct....
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Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With ...

John Frederick Archbold - 1831 - 624 páginas
...considerable time after 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...
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The Justice of the Peace and Parish Officer, Volume 2

Richard Burn - 1831 - 1154 páginas
...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...
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