declarations 音标拼音: [d
, ɛklɚ'eʃənz]
声明
声明
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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