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" ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2). "
The Justice of the Peace and Parish Officer - Page 43
by Richard Burn - 1837
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Atlantic Reporter, Volume 1

Law reports, digests, etc - 1886 - 948 pages
...the dying declarations of the decedent. FE Betizhoover and S. Hepburn, Jr. , for plaintiff in error. Dying declarations are admissible only where the death is the subject of the charge. Rex v. Hutchinson, 2 Barn. & C. 608; Reg. v. Hind, 8 Cox, Grim. Gas. 300; People v. Davis, 56 NY 95;...
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The Chicago Law Journal, Volume 6

Law - 1886 - 640 pages
...evidence upon the trial, it is ground for reversal. Dying declaration are restrict to cases in which death is the subject of the Charge, and the circumstances of the death is the subject of the declaration. When the victim has died and aboriion only is charged in the indictment,...
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The Anglo-Indian Codes: Adjective law

India - India - 1888 - 1246 pages
...England dying declarations are admissible only in criminal cases ' where the death of the deceased is the subject of the charge, and the circumstances...of the death are the subject of the declaration.' In India (sec. 32 and ill. a) they are admissible in civil suits as well as in criminal prosecutions...
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The Southwestern Reporter, Volume 140

Law reports, digests, etc - 1912 - 1340 pages
...settled that dying declarations are admissible, In cases of homicide, only when the death of the decedent Is the subject of the charge, and the circumstances of the death are the subject of the declaration, and that they may not properly Include narratives of past occurrences. "It is therefore manifest that,...
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Central Reporter: Cases, Courts of Last Resort, New York, New Jersey ...

1887 - 1038 pages
...with approval, that ''Evidence of this description is only admissible, where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration." 1 Qreenl. Ev. ts 156; People v. Dams, 56 NY 95; Travelem1 Int....
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The New York Supplement, Volume 89

Law reports, digests, etc - 1904 - 1246 pages
...in evidence. This statement was only admissible upon the principle that "the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations." Rex v. Mead, 2 B. & C. 605, quoted approvingly in Grecnleaf on Evidence, vol....
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 99

Arkansas. Supreme Court - Law reports, digests, etc - 1912 - 708 pages
...inadmissible because dying declarations are admissible in homicide cases 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. Bradner on Ev. (2 ed.) 450, § 10; Greenleaf on Ev. (15 ed.) 224, § 156; 21 Cyc....
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 104

Arkansas. Supreme Court - Law reports, digests, etc - 1913 - 694 pages
...made. Dying declarations are admissible only in cases of homicide where the death of the person killed is the subject of the charge and the circumstances of the death are the subject of such declarations. It is well settled that such declarations must be made, not merely when the declarant...
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Roscoe's Digest of the Law of Evidence in Criminal Cases, Volume 1

Henry Roscoe - Evidence, Criminal - 1888 - 830 pages
...general rule is that evidence of this description is only admissible where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration.1 Dying declarations — the situation of the party who makes...
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The American and English Encyclopedia of Law, Volume 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1888 - 1002 pages
...general rule is that evidence of this description is 'only admissible where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration." Manslaughter — Dying declarations are admissible in prosecutions...
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