| James Dowling, Archer Ryland, Great Britain. Court of King's Bench - Justices of the peace - 1825 - 638 pages
...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... | |
| William Blackstone - Law - 1836 - 704 pages
...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,... | |
| Samuel March Phillipps - Evidence (Law) - 1838 - 582 pages
...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... | |
| John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...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... | |
| Henry Roscoe - Evidence, Criminal - 1852 - 988 pages
...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... | |
| John Pitt Taylor - Evidence (Law) - 1858 - 898 pages
...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... | |
| Alexander Mansfield Burrill - Dictionaries, Law - 1859 - 736 pages
...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... | |
| Edmund Powell - Evidence (Law) - 1859 - 540 pages
...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... | |
| Law - 1861 - 624 pages
...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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