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Dying declarations

   Also found in: Wikipedia 0.01 sec.

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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101) Dying declarations are believed to be reliable because of the improbability that persons who know they are about to die would do so with a lie on their lips.
6) The difficulty in containing abortion in the early to mid 1800s was due to the fact that there were no corpses, no autopsies, few if any witnesses, second-hand declarations, dying declarations, etc.
Before Roberts, the Court had recognized that dying declarations were firmly rooted in evidence law, Mattox v.
 
 
 
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