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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 Relating to the Duty and Office of Magistrates ..., Volume 2

James Dowling, Great Britain. Court of King's Bench, Archer Ryland - Justices of the peace - 1825
...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...
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Reports of Cases Relating to the Duty and Office of Magistrates ..., Volume 2

James Dowling, Great Britain. Court of King's Bench, Archer Ryland - Justices of the peace - 1825
...the defendant had sworn to have been prewhere 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
...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 - 1079 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 - 1386 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 - 929 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 - 1675 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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A Law Dictionary and Glossary: Containing Full Definitions of the ..., Volume 1

Alexander Mansfield Burrill - Dictionaries, Law - 1859
...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 Principles and Practice of the Law of Evidence

Edmund Powell - Evidence (Law) - 1859 - 475 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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The Jurist, Volume 6, Part 2

Law - 1861
...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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