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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 Relating to the Duty and Office of Magistrates: Determined ... - Page 161
by Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825
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Reports of Cases Argued and Determined in the Court of ..., Part 150, Volume 4

Great Britain. Court of King's Bench - Law reports, digests, etc - 1822 - 908 pages
...1824. civil and criminal cases, on motions for new trials, are •**.*s The KING admitted. v. MEAD. % ABBOTT, CJ — I am of opinion that the affidavit...but rather of clearing the deceased himself from the imputation of having been concerned in the smuggling transaction there adverted to ; and therefore,...
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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
...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 had obtained a rule nisi for a new...
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Commentaries on the Laws of England: In Four Books ; with an ..., Volume 4

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,...
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A Treatise on the Law of Evidence, Part 1

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

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...
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A Digest of the Law of Evidence in Criminal Cases

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

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...
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The Principles and Practice of the Law of Evidence

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

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...
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The Jurist, Volume 6, Part 2; Volume 24, Part 2

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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