| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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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