 | 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,... | |
 | James Dowling, Archer Ryland, Great Britain. Court of King's Bench - Justices of the peace - 1825 - 638 pages
...24. 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,... | |
 | 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... | |
 | Henry John Stephen - Criminal law - 1834 - 518 pages
...a 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,... | |
 | William Blackstone - Law - 1836 - 704 pages
...NPC 614; R. & KCC 339. It is * 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,... | |
 | Oliver Lorenzo Barbour - Criminal law - 1841 - 834 pages
...(in this case eleven days) after the declaration was made. (1) But these declarations are admissible only where the death of the deceased is the subject of the charge, and the causes of the death are the subject of the declaration. (u) Therefore, upon an indictment for perjury,... | |
 | Richard Clarke Sewell - Coroners - 1843 - 406 pages
...declaration can be received, (t) Declarations, Such declarations, however, are only admissible sib™ " m's . where the death of the deceased is the subject of the charge, and the cause of the death the subject of the dying declaration. (h) But on an indictment for the murder of... | |
 | John Frederick Archbold - Criminal procedure - 1846 - 914 pages
...Fagent, 7 C. & P. 23S ; see Reg. ». Megson, 9 C. & P. 418. But these declarations are only admissible where the death of the deceased is the subject of the charge, and the cause of the deaih the subject of the dying declaration. R. ». Mead, 2 B. & C. COS— per Mbott, CJ... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1894 - 744 pages
...his declarations uttered under the sense and solemnities of impending dissolution. If so, then, "when the death of the deceased is the subject of the charge, and the circumstances the subject of the dying declarations," they may be admitted in evidence, otherwise not. Walker v.... | |
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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 declaration. 
