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" 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... "
A Treatise on Military Law and the Practice of Courts-martial - Page 253
by Stephen Vincent Benét - 1862 - 377 pages
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A Reference handbook of the medical sciences embracing the entire ..., Volume 1

1908 - 874 pages
...has been wisely said by an eminent English jurist. Lord Chief Baron Eyre, "that such declarations are made in extremity, when the party is at the point...so solemn and so awful is considered by the law as creat ing an obligation equal to that which is imposed by a positive oath in a court of justice." Such...
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The Criminal Code and the Law of Criminal Evidence in Canada: Being an ...

Canada, W. J. Tremeear - Annotations and citations (Law) - 1908 - 1100 pages
...502, as follows: "The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is...silenced, and the mind is induced by the most powerful consideration to speak the truth ; a situation so solemn and so awful is considered by the law as creating...
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Popular Law Library, Putney...

Albert H. Putney - Law - 1908 - 448 pages
...declarations are made in extremity when the declarant is at the point of death and when every hope of recovery is gone — when every motive to falsehood is silenced...induced by the most powerful considerations to speak the truth.89 Declarations made under such circumstances are regarded as equivalent to the sanction of an...
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Criminal law. Criminal procedure. Wills. Administration

Albert Hutchinson Putney - Law - 1908 - 460 pages
...declarations are made in extremity when the declarant is at the point of death and when every hope of recovery is gone — when every motive to falsehood is silenced...induced by the most powerful considerations to speak the truth.89 Declarations made under such circumstances are regarded as equivalent to the sanction of an...
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Canadian Criminal Cases Annotated, Volume 12

Criminal law - 1908 - 634 pages
...quoting from the judgment of Eyre, CB, in Woodcock's Case, 1 Leach 500, as follows, viz., "that they are declarations made in extremity when the party is at the point of death, and when every hope in this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the...
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The Criminal Appeal Reports, Volume 2

Great Britain. Court of Criminal Appeal - Criminal law - 1909 - 398 pages
...case of Woodcock (above). It was there laid down with regard to dying declarations that they are " Declarations made in extremity, when the party is...of death, and when every hope of this world is gone . . . ." The test is not whether the person making the statement is " at the point of death," although...
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The Pacific Reporter, Volume 99

Law reports, digests, etc - 1909 - 1290 pages
...cross-examination." The admlssiblllty of dying declarations are based entirely upon the fact that they are made In at the point of death, and when every hope of this world Is gone, when every motive of falsehood Is silenced, and the mind is Induced by the most powerful considerations to speak the...
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A Treatise on Crimes and Misdemeanors, Volume 3

William Oldnall Russell - Criminal law - 1910 - 746 pages
...declarations are made when the party is at the point of death, and has given up every hope in this world ; when every motive to falsehood is silenced, and the...situation so solemn, and so awful, is considered by law as creating an obligation equal to that which is imposed by a positive oath administered in a Court...
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The Justice of the Peace for Ireland: A Treatise on the Powers and Duties of ...

R. M. Hennessy - Justices of the peace - 1910 - 1040 pages
...admitted in evidence," said Lord Chief Justice Eyre (R. v. Woodcock, 1 Leach, CC 503), " is, that they are u u v u v vYp6w7w v w w v v v v v vVw w w w w w w2w w wkw vcu%u`l[t w w w!w"w#w$w%w&w'w(w)w*w w w,v\w v w w w w @ for falsehood is silenced, and the mind is induced by the most powerful considerations to speak the...
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Principles and Practice of the Law of Evidence

William Blake Odgers - Evidence (Law) - 1911 - 1120 pages
...CJ, said : — "The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is...when every motive to falsehood is silenced, and the iniiid is induced by the most powerful considerations to speak the truth ; a situation so solemn and...
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