A Treatise On the Law of Evidence With Notes And References to American Cases

Cover A Treatise On the Law of Evidence With Notes And References to American Cases
A Treatise On the Law of Evidence With Notes And References to American Cases
Phillipps, S. M. (Samuel March), 1780-1862
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& P. 544, and tion, if signed by the deceased, would all the more modern cases, have precluded [larol evidence, vide in- fra, p. 304. 270 Hearsay Evidence. [Ch. 15. Than of Judges ; and where the evidence is admitted, it is scarcely to be expected, that juries will pay implicit obe- dience to the decision of the Judge, founded as it is on a con- clusion of fact, a subject upon which the constitution regards them as peculiarly competent to form a right opinion. (4) H^ii^"ec- *With respect to the... eflect of dying declarations, it is to be laratfons. Obscrved, that although there may have been an utter aban- [ *305 ] donment of all hope of recovery, it will often happen, the particulars of the violence, to which the deceased has spoken, were likely to have occurred under circumstances of confu- sion and surprise calculated to prevent their being accurately observed. The consequences also of the violence may occa- sion an injury to the mind, and an indistinctness of memory as to the particular transaction.

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