 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
 | Law reports, digests, etc - 1912 - 2152 pages
...record should show that the declaration was " made under the present apprehension of impending death;" made in extremity, when the party is at the point of death, and every hope in this world is gone; made by the deceased " when he was fully conscious of the fact that... | |
 | Law reports, digests, etc - 1916 - 1138 pages
...in State v. Belcher, 13 SC 462: "They are only admissible from the necessity of the case, and when made in extremity, when the party is at the point of death, and is conErious of it, when every hope of this world is gone, and every motive to falsehood Is silenced... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1918 - 726 pages
...1 Lewin, CC 189; Baxter v. State, 15 Lea, 657. These declarations are admissible in civil actions. "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 of falsehood is silenced and the mind is induced, by the most... | |
 | Edward Wilcox Hinton - Evidence (Law) - 1919 - 1136 pages
...which then generally prevailed, that dying declarations were admissible upon the general principle "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 influenced by the... | |
 | Law - 1919 - 828 pages
...immediate apprehension of deatb, and who dies soon after. Marshall v. Chicago & GER Co., 48 111. 477. 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 of falsehood is silenced and the mind induced by the most... | |
 | Sidney Lovell Phipson - Evidence (Law) - 1921 - 870 pages
...Woodcock, 1 Leach, 500, 504; R. v. Perry, 1909, 2 KB 697). In the former case, Eyre, CB, remarked : ' 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... | |
 | Henry Roscoe, Herman Cohen - Evidence (Law) - 1921 - 1368 pages
...happens that there is no third person as an eye-witness: 1 Bast, PC 353. But it is said by Eyre OB that '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... | |
 | Charles Shirley Potts - Criminal procedure - 1921 - 282 pages
...equivalent to the sanction of an oath. When a party is at a point of death, and when every hope of this world is gone, when every motive to falsehood...silenced, and the mind is induced by the most powerful consideration to speak the truth, the law considers that a situation so solemn and awful creates an... | |
 | Thomas Welburn Hughes - Evidence (Law) - 1921 - 952 pages
...declarations" in cases of homicide, and they are only admissible from the necessity of the case, and when made in extremity — when the party is at the point of death, and conscious of it — when every hope of this world is gone, and every motive to falsehood is silenced... | |
 | Law reports, digests, etc - 1922 - 1210 pages
...absence of a hope of recovery : or, as Lord Chief P.aron Eyre said in Woodcock's Case, 2 Leach, 563: "They are declarations made in extremity when the party is at the point of death and SW) when every hope of the world is gone; when every motive to falsehood is silenced and the mind is... | |
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