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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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Pittsburgh Legal Journal, Volume 33

Law - 1886 - 528 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 declaration : Sex v. Mead, 2 B. & C., 605 ; 1 Greenl. Ev., 156; Rex v. Lloyd, 4 C. & P., 233." On the other hand...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 99

Arkansas. Supreme Court - Law reports, digests, etc - 1912 - 708 pages
...are admissible in homicide cases 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. Bradner on Ev. (2 ed.) 450, § 10; Greenleaf on Ev. (15 ed.) 224, § 156; 21 Cyc. 981 ; 32 So. 183;...
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The American and English Encyclopedia of Law, Volume 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1888 - 1002 pages
...death, are 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 Abbolt, CJ, R. v. Mead, 2 B. & C. 605; 4 D. & R. 120. Therefore, where a prisoner...
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Roscoe's Digest of the Law of Evidence in Criminal Cases, Volume 1

Henry Roscoe - Evidence, Criminal - 1888 - 830 pages
...death, are only admissible in evidence *wuere 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, K. v. Mead, 2 B. &C. 605, 9 EC'L. ; 4 D. & B,. 120. Therefore, where...
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The New York Supplement, Volume 89

Law reports, digests, etc - 1904 - 1246 pages
...was only admissible upon the principle that "the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations." Rex v. Mead, 2 B. & C. 605, quoted approvingly in Grecnleaf on Evidence, vol. 1, §...
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Notes of the Commissioners to the Code of Evidence Reported to the ...

New York (State) - 1889 - 146 pages
...is admissible in cases of homicide only when 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 term " homicide," according to People vs. Davis, (above), and other cases, seems...
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The General Principles of the Law of Evidence: In Their Application to the ...

Frank Sumner Rice - Criminal procedure - 1894 - 1062 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 declaration. Rex v. Mead, 2 Barn. & C. 605; Rex v. Lloyd, 4 Car. & P. 233, 1 Greenl. Ev. 156." All the text-books...
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The Pacific Reporter, Volume 36

Law reports, digests, etc - 1894 - 1160 pages
...Greenleaf on Evidence (volume 1, § 15G): "The death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations." It seems to us that the portion of this statement in reference to calling witnesses...
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The Irish Constable's Guide

Sir Andrew Reed - Constables - 1895 - 528 pages
...only in the single instance of homicide, when the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declaration. (11.) Hearsay evidence in general is inadmissible,, because what the other said was not upon oath,...
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Select Cases on the Law of Evidence as Applied During the Examination of ...

Austin Abbott - Evidence (Law) - 1895 - 776 pages
...for homicide of the declarant in cases 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. It is said that the reasons for thus restricting the rule may be that credit is not in...
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