A Digest of the Law of Evidence in Criminal CasesT.& J.W. Johnson, 1840 - 854 páginas |
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Página 22
... Dying declarations in general Admissible only in cases of Homicide The party must be aware of his situation Interval of time between the declaration and death When reduced into writing . Degree of credit to be given to Evidence in ...
... Dying declarations in general Admissible only in cases of Homicide The party must be aware of his situation Interval of time between the declaration and death When reduced into writing . Degree of credit to be given to Evidence in ...
Página 27
... Dying declarations — in general . ] Analogous to the cases in which hearsay evidence is admissible , as being part of the res gesta , are the cases of dying declarations . Evidence of this kind , which is peculiar to the case of ...
... Dying declarations — in general . ] Analogous to the cases in which hearsay evidence is admissible , as being part of the res gesta , are the cases of dying declarations . Evidence of this kind , which is peculiar to the case of ...
Página 28
... dying declarations of a convicted felon have been rejected , on the ground , that as , if alive , his evidence could not have been received , so af- ter his death his dying declarations are inadmissible . Drummond's case , 1 Leach , 337 ...
... dying declarations of a convicted felon have been rejected , on the ground , that as , if alive , his evidence could not have been received , so af- ter his death his dying declarations are inadmissible . Drummond's case , 1 Leach , 337 ...
Página 29
... dying declarations was tendered , Bayley , J. rejected it , observing , that although the declarations might relate to the cause of the death , still such declara- tions were admissible in those cases only , where the death of the party ...
... dying declarations was tendered , Bayley , J. rejected it , observing , that although the declarations might relate to the cause of the death , still such declara- tions were admissible in those cases only , where the death of the party ...
Página 30
... [ Dying declarations admissible - the party must be aware of his sit- uation . ] Dying declarations are only admissible where the party making them , knows or thinks that he is in a dying state ( 1 ) . Positive evidence of this knowledge ...
... [ Dying declarations admissible - the party must be aware of his sit- uation . ] Dying declarations are only admissible where the party making them , knows or thinks that he is in a dying state ( 1 ) . Positive evidence of this knowledge ...
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Términos y frases comunes
9 Geo accessary act of parliament admissible appear assault bank Bank of England bigamy bill of exchange burglary Campb charged clerk coin committed common law confession conspiracy constable convicted thereof counterfeit court criminal custody death deceased declarations defendant defraud deposition dwelling-house dying declarations East embezzlement enacted evidence examination fact forged forgery guilty of felony Hale Hawk Ibid imprisoned indictable offence instrument intent judges held jury justice killed laid larceny Leach liable libel Lord Ellenborough Lord Tenterden magistrate malice manslaughter marriage matter ment misdemeanor Moody murder oath offence officer opinion owner parish party Patteson perjury person Phill possession prisoner was indicted prisoner's promissory note Proof prosecution prosecutor proved punishment purpose question received rule Russ Russell servant Stark statute stealing stolen sufficient taken taking term not exceeding tion trial uttering Vict voire dire warrant witness xxxii xxxiv
Pasajes populares
Página 605 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Página 25 - 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 the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Página 402 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Página 412 - Larceny ; and if upon the Trial of any Person indicted for Larceny it shall be proved that he took the Property in question in any such Manner as to amount in Law to Embezzlement, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement...
Página 387 - And be enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant...
Página 26 - ... 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).
Página 19 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Página 721 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Página 70 - In prosecutions for conspiracies, it is an established rule that, where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of...
Página 617 - ... at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six...