The general principle on which this species of evidence is admitted, is 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... A Treatise on Crimes and Indictable Misdemeanors - Page 681by William Oldnall Russell - 1828Full view - About this book
| John Worth Edmonds - Law reports, digests, etc - 1883 - 500 pages
...admissible only upon a charge for the murder of the declarant, and then they are admissible only when 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... | |
| Edmund Powell, John Cutler, Edmund Fuller Griffin - Evidence (Law) - 1885 - 772 pages
...against the prisoner who is charged with the crime (b). In It. v. Woodeock (c), Eyre, CJ, said:—"The general principle on which this species of evidence...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... | |
| William Blackstone - Law - 1885 - 626 pages
...the subject of the dying declaration. The principle on which this evidence is admitted is, that such declarations made in extremity, when the party is at the point of death and every hope of this world gone, when every motive to falsehood is silenced, and the mind is induced... | |
| Law reports, digests, etc - 1896 - 1148 pages
...Justice; but that is because of the circumstances surrounding them when made. It is assumed that, being made in extremity, when the party Is at the point of death, and believes that all hope in this world is gone, they have some guaranty for their truth, In view of the... | |
| Law reports, digests, etc - 1888 - 1064 pages
...was refused. The v.35N.w.no.7— 38 ground on which declarations are deemed admissible in evidence is "that they are declarations made in extremity,...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... | |
| Henry Roscoe - Evidence, Criminal - 1888 - 830 pages
...С. В., that the general principle upon which evidence of this kind is admitted is, that it is of 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... | |
| Encyclopedias and dictionaries - 1890 - 1372 pages
...rule of law, that hearsay evidence is inadmissible, is thus clearly slated by lord chief baron Eyre: "That they are declarations made in extremity, when...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... | |
| Thomas Brett - English law - 1891 - 822 pages
...cross-examination. The principle on which this evidence is admissible, is that when death is instant, every motive to falsehood is silenced, and the mind is induced by the most powerful motive to speak the truth ( l ). An apparent exception from the general rale of the law excluding hearsay... | |
| Edmund Powell - Evidence (Law) - 1892 - 836 pages
...against the prisoner who is charged with the crime(6). In R. v. Woodeock (c), Eyre, CJ, said :—" The general principle on which this species of evidence...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... | |
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