Ashton and Thorneley's Case

JurisdictionEngland & Wales
CourtCrown Court
Judgment Date01 January 1837
Date01 January 1837

English Reports Citation: 168 E.R. 1109

Crown Cases

Ashton and Thorneley's Case

Liverpool Sp. Assizes, 1837. ASHTON AND THORNELEY's CASE. (The deceased asked, " Shall I recover 1 " The surgeon said, " No ' " The patient grew better, but relapsed, and then repeated the question. The surgeon said, " I think you will not recover." The deceased said, " I think so, too ! " Held admissible as a dying declaration.) The prisoners were charged with manslaughter. A question arose as to whether, under the [148] following circumstances, the declarations of the deceased were admissible in evidence The deceased said to the surgeon, " Shall I recover ? " The surgeon said, " No ! " and at that time he thought as he said The patient grew better ; the surgeon changed his opinion, and thought she might. The patient then had a relapse, and again asked the surgeon...

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2 cases
  • Ashton's Case
    • United Kingdom
    • Crown Court
    • January 1, 1837
    ...of cross-examination/' English Reports Citation: 168 E.R. 1109 Crown Cases Ashton's Case 7. ashton's case 1109 [1471 DYING DECLARATIONS168 E.R. 1109 Crown Ashton's Case 7. ashton's case 1109 [1471 DYING DECLARATIONS. Liverpool Sp. Assizes, 1837 ashton's case. (A dying declaration is equal, ......
  • R v Gordon
    • Jamaica
    • Court of Appeal (Jamaica)
    • February 1, 1974
    ...trial judge to point out to the jury that the declaration was not subject to cross-examination. 10 As far back as Ashton'scase, (1837) 2 Lewin C.C. 147, Alderson B. stated: “When a party comes to the conviction that he is about to dies he is in the same practical state as if called on in a ......