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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 ... - Page 123
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 Supreme Court of Ohio, Volume 35

Ohio. Supreme Court - Law reports, digests, etc - 1880 - 792 pages
...dying declarations are admissible only when the death of the declarant is the subject of the charge, and the circumstances of the death are the subject of the dying declarations. Stale v. Harper, 78. 2. Upon an indictment for unlawfully using an instrument upon the...
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The Constitution and Practice of Courts Martial with a Summary of the Law of ...

Thomas Frederick Simmons - Courts-martial and courts of inquiry - 1873 - 572 pages
..." 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." (8) The declarations of the deceased in favour of a party charged with his death are admissible equally...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...dying declarations are admissible only when the death of the declarant is the subject of the charge, and the circumstances of the death are the subject of the dying declarations. 2. Upon an indictment for unlawfully using an instrument upon the person of a woman with...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 46

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1875 - 674 pages
...as such, 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.'" Vol. i.sec. 156. 2 Russell Crimes, 761 ; Wharton Crim. Law, sec. 670. For this reason...
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Cases Argued and Determined in the Circuit Courts of the United ..., Volume 1

United States. Circuit Court (5th Circuit), William Burnham Woods - Law reports, digests, etc - 1875 - 796 pages
...admissible only in criminal cases, and when the death of the deceased is the subject of the change and the circumstances of the death are the subject of the dying declarations. Rex v. Mead, 2 B. & C., 605 ; 1 Greenl. Ev., sec. 156. As dying declarations, the statements...
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A Practical Treatise on Criminal Law: And Procedure in Criminal Cases ...

Ira M. Moore - Criminal law - 1876 - 920 pages
...in 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,8 in which case they are admissible both for and against the party charged with the death.8...
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The National Bankruptcy Register Reports: Containing All the ..., Volume 13

William A. Shinn - Bankruptcy - 1876 - 624 pages
...admissible only in criminal cases, and when the death of the deceased is the subject of the change, and the circumstances of the death are the subject of the dying declarations. (AYa; v. Mead, 2 B. £ C., 605 ; 1 Greenl. Ev., Section 156.) In re Marionneaux. As dying...
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The Student's Blackstone: Being the Commentaries on the Laws of England of ...

William Blackstone - Law - 1877 - 640 pages
...only 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. The principle on which this evidence is admitted is, that such declarations made in extremity, when...
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A Short Course of Military Law: As Applicable to Persons Subject to the ...

Charles Alfred Gorham - Military law - 1877 - 264 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. Rote this, — This evidence is not available to prove anything else, such as a forgery or other crime,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 41

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1877 - 766 pages
...are admissible 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." The present case is strictly within the rule. See Rex v. Baker, 2 Moody & Rob., 53;...
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