When a man has received a mortal wound or other injury, by which he is in immi- nent danger of dying, and believes that he must die, and alter words does die, the statements he makes as to the manner in which he received such in- jury, and the person who committed it, a…
Understanding Dying declarations
a man has received a mortal wound or
other injury, by which he is in immi-
nent danger of dying, and believes that
he must die, and alter words does die,
the statements he makes as to the
manner in which he received such in-
jury, 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 late.
Which bleeds away, even as a form of wax
Resolve tl* from his figure 'gainst the lire ?
What in the world should make me now de-
ceive.
Since I muni lose the use; of all deceit?
Why then should 1 be false, »incc it in true
That 1 must die here, and live hence by truth.
See Death ; Death l>C(l or (lying decla-
rations; Declarations.
How Dying declarations affects you
Dying declarations appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
The mechanics of Dying declarations
In practice, Dying declarations is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Bouvier's Law Dictionary (1856) , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.