| Samuel March Phillipps - Evidence (Law) - 1822 - 644 pages
...the admissibility of dying declarations is, that they are admissible only in criminal prosecutions, where the death of the deceased is the subject of the charge against the prisoner. On a question of pedigree, it has been lately determined, in an action of ejectment,... | |
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 1040 pages
...decisions proceeded, but within the general rule, that evidence of this description is only admissible where the death of the deceased is the subject of...circumstances of the death the subject of the dying declaration, (a) The affidavits were rejected. (a) The same point was ruled in Her v. Hutchinson, tried... | |
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 1082 pages
...: Held, that it could not be read ; for that dying declarations are admissible only where the death is the subject of the charge, and the circumstances of the death the subject of the declaration. The King on the Prosecution of James Law v. William Mead, H. 4&5G.4. 605 16. Where a libel... | |
| James Dowling, Archer Ryland, Great Britain. Court of King's Bench - Justices of the peace - 1825 - 638 pages
...SMUGGLERS, 3, 4. 1. It is a general rule in criminal cases that 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,... | |
| William Oldnall Russell - Criminal law - 1828 - 836 pages
...apprehension of danger, ii. 686 his consciousness is a question for the judge, ii. 687 only admissible, when the death of the deceased is the subject of the charge...the circumstances of the death the subject of the declaration, ii. 687 of a convict, ii. 687 of an accomplice, ii. 687, 688 parol declaration admissible,... | |
| Sir William Blackstone - Law reports, digests, etc - 1828 - 604 pages
...' Ca., 1 Leach, CC 337, 1 East, PC 353, n. Dying declarations are only admissible, where the death is the subject of the charge, and the circumstances of the death the subject of the declaration ; R. v. Mead, 2 B. & C. 605, 4 D. & R. 120. (h) Or 10 Mod. /•',-•. v. //,•/„•„,,... | |
| John Frederick Archbold - Criminal procedure - 1831 - 624 pages
...the declarations were made. R, v. Moseley, R. Sf M. 97. But these declarations are only admissible where the death of the deceased is the subject of the charge, and the causes of the death the subject of the dying declaration. R. v. Mead, 2 B. Sf C. 608, per Abbott, CJ... | |
| Richard Burn - Justices of the peace - 1831 - 1154 pages
...of KB held, that it could not be read ; for dying declarations are admissible only where the death is the subject of the charge, and the circumstances of the death are the subject of the declaration. So, in trials for robbery, the dying declarations of the party... | |
| Henry John Stephen - Criminal law - 1834 - 518 pages
...sense of his situation. — 1 Chitty, Cr. Law, 569, 570; 1 Phil. Ev. 225. But they are admissible only where the death of the deceased is the subject of the charge, and the cause of death the subject of the dying declaration. — 2 Barn. & Cres. 608. An insane person cannot,... | |
| |