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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 declaration, (a) The affidavits were rejected. "
A Selection of Cases on Evidence at the Common Law - Page 665
by James Bradley Thayer - 1900 - 1263 pages
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A Treatise on the Law of Evidence, Volume 1

Samuel March Phillipps - Evidence (Law) - 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,...
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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 - Law reports, digests, etc - 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 ruled...
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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 - Justices of the peace - 1825 - 638 pages
...the reception of Law's dying declaration, on the ground that such declarations are admissible only in cases where the death of the deceased is the subject of inquiry in a court of justice, and where the declaration relates to the immediate circumstances of...
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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 - Law reports, digests, etc - 1825 - 888 pages
...the reception of Law's dying declaration, on the ground that such declarations are admissible only in cases where the death of the deceased is the subject of inquiry in a court of justice, and where the declaration relates to the immediate circumstances of...
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A Treatise on Crimes and Indictable Misdemeanors, Volume 2

William Oldnall Russell - Criminal law - 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 of perjury,...
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Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With ...

John Frederick Archbold - Criminal procedure - 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...
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Summary of the Criminal Law

Henry John Stephen - Criminal law - 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,...
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Notes to Phillipps' Treatise on the Law of Evidence, Part 1

Esek Cowen, Nicholas Hill - Evidence (Law) - 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. They are...
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A Digest of the Law of Evidence in Criminal Cases

Henry Roscoe - Evidence, Criminal - 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,...
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - Criminal law - 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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