| slovo | definícia |
declarations
(encz) | declarations,deklarace n: pl. Zdeněk Brož |
declarations
(encz) | declarations,prohlášení n: pl. Zdeněk Brož |
DECLARATIONS
(bouvier) | DECLARATIONS, evidence. The statements made by the parties to a transaction,
in relation to the same.
2. These declarations when proved are received in evidence, for the
purpose of illustrating the peculiar character and circumstances of the
transaction. Declarations are admitted to be proved in a variety of cases.
3.-1. In cases of rape, the fact that the woman made declarations in
relation to it, soon after the assault took place, is evidence; but the
particulars of what she said cannot be heard. 2 Stark; N. P. C. 242; S. C. 3
E. C. L. R. 344. But it is to be observed that these declarations can be
used only to corroborate her testimony, and cannot be received as
independent evidence; where, therefore, the prosecutrix, died, these
declarations could not be received. 9 C. & P. 420; S. C. 38 Eng. C. L. R.
173; 9 C. & P. 471; S. C. 38 E. C. L. It. 188.
4.-2. When more than one person is concerned in the commission of a
crime, as in cases of riots, conspiracies, and the like, the declarations of
either of the parties, made while acting in the common design, are evidence
against the whole; but the declarations of one of the rioters or
conspirators, made after the accomplishment of their object, and when they
no longer acted together, are evidence only against the party making them. 2
Stark. Ev. 235 2 Russ. on Cr. 572 Rosc. Cr. Ev. 324; 1 Breese, Rep. 269.
5. In. civil cases the declarations of an agent, made while acting for
his principal, are admitted in evidence as explanatory of his acts; but his
confessions after he has ceased to, act, are not evidence. 4. S. R. 321.
6.-3. To prove a pedigree, the declarations of a deceased member of
the family are admissible. Vide Hearsay, and the cases there cited.
7.-4. The dying declarations of a man who has received a mortal
injury, as to the fact itself, and the party by whom it was committed, are
good evidence; but the party making them must be under a full consciousness
of approaching death. The declarations of a boy between ten and eleven years
of age, made under a consciousness of approaching death, were received in
evidence on the trial of a person for killing him, as being declarations in
articulo mortis. 9 C. & P. 395; S. C. 38 E. C. L. R. 168. Evidence of such
declarations is admissible only when the death of the deceased is the
subject of the charge, and the circumstances of the death the subject of the
dying declarations. 2 B. & C. 605; S. C. 9 E. C. L. R. 196; 2 B. & C. 608;
S. C. 9 E. C. L. R. 198; 1 John. Rep. 159; 15 John. R. 286; 7 John. R. 95
But see contra, 2 Car. Law Repos. 102. Vide Death bed, or Dying
declarations. 3 Bouv. Inst. n. 3071.
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| | podobné slovo | definícia |
declarations
(encz) | declarations,deklarace n: pl. Zdeněk Broždeclarations,prohlášení n: pl. Zdeněk Brož |
DEATH BED OR DYING DECLARATIONS
(bouvier) | DEATH BED OR DYING DECLARATIONS. In cases of homicide, those which are made
in extremis, when the person making them is conscious of his danger and has
given up all hopes of recovery, charging some other person or persons with
the murder. See 1 Phil. Ev. 200; Stark. Ev. part 4, p 458; 15 Johns. R. 288;
1 Hawk's R. 442; 2 Hawk's R. 31; McNally's Ev. 174; Swift's Ev. 124.
2. These declarations, contrary to the general rule that, hearsay is
not evidence, are constantly received. The principle of this exception is
founded partly on the situation of the dying person, which is considered to
be as powerful over his conscience as the obligation of an oath, and partly
on the supposed absence of interest on the verge of the next world, which
dispenses with a necessity of a cross-examination. But before such
declarations can be admitted in evidence against a prisoner, it must be
satisfactorily proved, that the deceased at the time of making them was
conscious of his danger and had given up all hopes of recovery. 1 Phil. Ev.
215, 216; Stark. Ev. part 4, p. 460.
3. They are admissible, as such, only in cases of homicide, 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. 2 B. & C. 605; 15 John.
286: 4 C. & P. 233.Vide. 2 M. & Rob. 53.
4. The declarant must not have been incapable of a religious sense of
accountability to his Maker; for, if it appears that such religious sense
was wanting, whether it arose from infidelity, imbecility or tender age, the
declarations are alike inadmissible. 1 Greenl. Ev. Sec. 157; 1 Phil. Ev.
289; Phil. & Ani. Ev. 296; 2 Russ. on Cr. 688. See, in general, Bac. Abr.
Evidence, K; Addis. R. 832 East's P. C. 354, 356; 1 Stark. C. 522 2 Hayw. R.
31; 1 Hawk's R. 442; Swift's Ev. 124; Pothier, by Evans, vol. 2, p. 293;
Anth. N. P. 176, and note a; Str. 500.
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DYING DECLARATIONS
(bouvier) | DYING DECLARATIONS. When a man has received a mortal wound or other injury,
by which he is in imminent danger of dying, and believes that he must die,
and afterwards does die, the statements he makes as to the manner in which
he received such injury, and the person who committed it, are called his
dying declarations.
2. These declarations are received in evidence against the person thus
accused, on the ground that the party making them can have no motive but to
tell the truth. The following lines have been put into the mouth of such a
man:
Have I not hideous Death before my view,
Retaining but a quantity of life,
Which bleeds away, even as a form of wax
Resolveth from his figure 'gainst the fire ?
What in the world should make me now deceive,
Since I must lose the use of all deceit?
Why then should I be false, since it is true
That I must die here, and live hence by truth.
See Death; Deathbed or dying declarations; Declarations.
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