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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 Medico-legal Journal - Page 275
edited by - 1892
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A Treatise on the Law of Evidence, Volume 1

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,...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

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 the charge, and the circumstances of the death the subject of the dying declaration, (a) The affidavits were rejected. (a) The same point was ruled...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

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....
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Reports of Cases Relating to the Duty and Office of Magistrates Determined ...

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 circumstances of the death are the subject of the dying declaration ; therefore, where a defendant had been convicted of perjury, and had obtained...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 4

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - Law reports, digests, etc - 1825 - 888 pages
...&. 5 G. 4. 37 3. 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 circumstances of the death are the subject of the dying declaration ; therefore, where a defendant had been convicted of perjury, and had obtained...
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A Treatise on Crimes and Indictable Misdemeanors, Volume 2

William Oldnall Russell - Criminal law - 1828 - 836 pages
...declarations, although made with a full consciousness of approaching death, are only admissible in evidence where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration, (v) In a late case the defendant having been convicted of perjury,...
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Reports of Cases Determined in the Several Courts of Westminster ..., Volume 1

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. /•',-•....
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The Justice of the Peace and Parish Officer, Volume 2

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 robbed are rejected....
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Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With ...

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...
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Summary of the Criminal Law

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,...
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