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" CJ, observed, that any hope of recovery, however slight, existing in the mind of the deceased at the time of the declarations made, would undoubtedly render the evidence of such declarations inadmissible. "
An Analytical Digest of the Cases Published in the New Series of the Law ... - Page 218
1838
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Reports of Cases Argued and Determined in the English Ecclesiastical Courts ...

Great Britain. Courts - Divorce - 1831 - 564 pages
...it in pronouncing, that, if the evidence in this cause be satisfactory to the existence of delusion in the mind of the deceased, at the time of his making this will, it is, also, satisfactory to the existence, in the mind of the deceased, at that time, of...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1869 - 972 pages
...hopeless expectation of death in the declarant " — The Queen v. Peel (5). According to Tindal, CJ, any hope of recovery, however slight, existing in the mind of the deceased at the time of the declaration made would undoubtedly render the evidence of such declaration inadmissible — The...
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Commentaries on the Laws of England: In Four Books ; with an ..., Volume 4

William Blackstone - Law - 1836 - 704 pages
...deceased at the time of making them was conscious of his danger, and had given up all hope of recovery. Any hope of recovery, however slight, existing in...declaration, will render it inadmissible as a declaration in iirticutt) mortis ; but where a deceased knew that he must die, and the magistrate, previous to his...
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A Digest of the Criminal Law of England: As Altered by the Recent ..., Part 278

Edward Erastus Deacon - Criminal law - 1836 - 360 pages
...the impression on her mind of an almost immediate dissolution. R. v. Thomas Crockett, 4 C. Sf P. 544. Any hope of recovery, however slight, existing in the mind of the Any hope, howdeceased at the time of the declarations made, will render the evi- ever slight, dence...
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A Treatise on the Law of Evidence, Part 1

Samuel March Phillipps - Evidence (Law) - 1838 - 582 pages
...statement, he must be taken to have had some hope of recovery. On this the Lord Chief Justice observed, that any hope of recovery, however slight, existing in the mind of the deceased at the time of making the declarations, would undoubtedly render the proof of such declarations inadmissible. But...
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Crown Cases Reserved for Consideration [1824-44]: 1837-44, with notes ...

Great Britain. Court for Crown Cases Reserved, William Moody - Criminal law - 1853 - 426 pages
...party herself used an expression showing hope. In R. v. Hay ward, 6 C. & P. 160, TINDAL, CJ, says, "Any hope of recovery, however slight, existing in the mind of the deceased, would undoubtedly render the declarations inadmissible." The same principle is decided in R. v. Fagent,...
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A Selection of Leading Cases in Criminal Law: With Notes, Volume 2

Edmund Hatch Bennett, Franklin Fiske Heard - Criminal law - 1857 - 642 pages
...rejected. 2 Russell on Crimes, (3d ed.) ~53, note. Sec Me Daniel v. The State, 8 Smedes & Marshall, 416. Any hope of recovery, however slight, existing in the mind of the declarant at the time of making the declarations, will render them inadmissible. " To render a declaration...
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The Principles and Practice of the Law of Evidence

Edmund Powell - Evidence (Law) - 1859 - 540 pages
...dissolution," is by no means literally correct. It is true, as stated by Tindal, CJ, in R. v. Hayward,^ that "any hope of recovery, however slight, existing in the mind of the deceased at the time of the declarations made, will undoubtedly render the evidence of such declarations inadmissible;" and...
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A Digest of the Reported Cases (from 1756 to 1870, Inclusive,) Relating to ...

Robert Alexander Fisher - Criminal law - 1871 - 722 pages
...die. Rex v. Tinkler, 1 East, PC 354. Any hope of recovery, however slight, existing in the mind of a deceased at the time of his making a declaration,...inadmissible as a declaration in articulo mortis; but where a person knew that lie must die, and the magistrate, previously to his making the declaration, desired...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Volume 11

Edward William Cox - Criminal law - 1871 - 856 pages
...statements ; and that he must be taken to have some hope of recovery. On which Tindal, CJ, observed, that " Any hope of recovery, however slight, existing in the mind of the deceased at the time of the delarations made would undoubtedly render the evidence of such declarations inadmissible." And...
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