 | 1888 - 672 páginas
...605, in language often quoted with approval, " that evidence of this description is only admissible where the death of the deceased is the subject of...circumstances of the death the subject of the dying declaration." 1 Greenl. Ey. § 158 ; People v. Davis, 56 NY, 95 ; Insurance Co. \. Mosely, 8 Wall.... | |
 | 1881 - 316 páginas
...as it was n"t part of the re» gestee. Dying declarations are admitted " on trials for homicide when the death of the deceased is the subject of the charge,...the circumstances of the death the . subject of the dving declarations." It is well settled, they must be confined to the res gestee of the killing. Merrill... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 páginas
...are received only in trials for homi Opinion of the Court, per EARL, J ;ide of the declarant in cases where the death of the deceased , is the subject of the charge, and the circumstances of the death \ are the subject of the dying declarations. It is said that the reasons for thus restricting the rule... | |
 | 1884 - 1060 páginas
...understanding of the contents of the document that he is said to have signed, and can only be used when death is the subject of the charge, and the circumstances of the death the subject of the declaration." But I fail to see, nor is it poiiited out, in what respect the proof fails to bring this... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1884 - 800 páginas
...understanding of the contents of the document that he is said to have signed, and can only be used when death is the subject of the charge, and the circumstances of the death the subject of the declaration." But I fail to see, nor is it pointed out, in what respect the proof fails to bring this... | |
 | 1884 - 1022 páginas
...v. Davis, 56 NY 96 (1874), it was ruled that such evidence was admissible in cases of homicide only, where the death of the deceased is the subject of the charge. This last case was followed in The State v. Harper, Ohio Rep. 78 (1878). With regard to these two cases... | |
 | 1904 - 646 páginas
...settled that dying declarations are admissible in eases 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 declarations, and that they may not properly include narratives of past occurrences.... | |
 | India, Tarapada Banerji - 1896 - 738 páginas
...The Judges construe the section strictly. 6. In England dying declarations are only admissible when the death of the deceased is the subject of the charge, and when made while the declarant is expecting death. In India they are admissible when not so made, and... | |
 | 1897 - 920 páginas
...dying declarations are, that they cannot be received in any civil case, and in criminal 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. They must be made, except in Scotland, with the full knowledge... | |
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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). 
