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" that they are declarations made in extremity when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth... "
A Treatise on the Law of Evidence, as Administered in England and Ireland ... - Page 581
by John Pitt Taylor - 1858 - 1675 pages
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A Law Dictionary and Glossary: Containing Full Definitions of the ..., Volume 1

Alexander Mansfield Burrill - Dictionaries, Law - 1859 - 736 pages
...say. Kdham. DYING DECLARATIONS. In the law of evidence. Declarations made in extremity, (in extremis), when the party is at the point of death, and when...the most powerful considerations to speak the truth. Lord С. В. Eyre, 2 Leach's Cr. C. 563, case 218. 1 Parker's Crim.R.ll. See /¿.299. 1 Jones' Law...
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Observations on Military Law, and the Constitution and Practice of Courts ...

William Chetwood De Hart - Courts-martial and courts of inquiry - 1859 - 458 pages
...himself, is got rid of. A declaration made in extremity, when the person is at the point of death ; when every motive to falsehood is silenced, and the...the most powerful considerations to speak the truth, has been regarded as equal to that which is supported by the solemnity of an oath administered in court.1...
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A Treatise on Theism, and on the Modern Skeptical Theories

Francis Wharton - Skepticism - 1859 - 410 pages
...strict adherence to truth as the most solemn obligation of an oath administered in a court of justice. When every hope of this world is gone, when every motive to falsehood During the last week of Col. Benton's life I had several interviews with him at his own request. Our...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 233

Illinois. Supreme Court - Law reports, digests, etc - 1908 - 726 pages
...which has been approved by this court, which does not differ materially from the one quoted above, is, that "they are declarations made in extremity, when...hope of this world is gone, — when every motive of falsehood is silenced and the mind is induced by the most powerful considerations to speak the truth."...
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Parliamentary Papers, Volume 64

Great Britain. Parliament. House of Commons - Great Britain - 1861 - 382 pages
...objectionable so far as they are mixed up with the evidence of the dying declarations of his father. As to such declarations made in extremity, when the party is...death, and when every hope of this world is gone, and though they are admissible from necessity in cases of homicide, they are not free from objections,...
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A Treatise on the Criminal Law of the Navy: With an Introductory Chapter on ...

Theodore Thring - Courts-martial and courts of inquiry - 1861 - 416 pages
...party by whom it was committed. The general principle on which this species of evidence is admitted is, that they are declarations made in extremity, when...party is at the point of death, and when every hope in this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most...
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The Student's Blackstone: Commentaries on the Laws of England, in Four Books

William Blackstone - Law - 1865 - 642 pages
...dying declaration. The general principle on which this species of evidence is admitted is, that such declarations made in extremity when the party is at...the most powerful considerations to speak the truth, have, although made in the absence of the accused, the weight of testimony given on oath in his presence....
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The Justice of the Peace for Ireland: Giving, in an Abridged and ...

Henry Humphreys - Criminal law - 1867 - 448 pages
...received as evidence is the awful solemnity of the situation under which it is delivered, when all hope of this world is gone, when every motive to falsehood...the most powerful considerations to speak the truth. It need not be in the presence of the accuse^ nor is it to be on oath ; for the situation of the dying...
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The English Cyclopaedia

Encyclopedias and dictionaries - 1867 - 522 pages
...for the general principle," says Eyre, CB, " upon which evidence of this kind rests is, that it is of declarations made in extremity, when the party is at the point of death, and when every hope in this world is gone, when every motive to falsehood is silenced, rad the mind is induced by the most...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

New York (State). Supreme Court, William Johnson - Law reports, digests, etc - 1867 - 510 pages
...cited ; and the principle on which such evidence is to be received is very forcibly stated by him. " They are declarations made in extremity, when the party is at the point of death, and every hope of this world is gone ; when every motive to falsehood is silenced, and the mind induced...
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