 | Alabama. Supreme Court - 1896 - 942 pages
...if they spring out of the transaction, if, they elucidate it, if they are voluntary and spontaneous, and if they are made at a time so near to it, as reasonably to preclude the idea of deliberate design, they are regarded as cotemporaneous with the main fact. — Wesley v. State, 52 Ala. 182; Smith, v.... | |
 | Nevada. Supreme Court - 1870 - 582 pages
...— if they elucidate The State of Nevada v. Ah Loi. it — if they are voluntary and spontaneous — and if they are made at a time so near to it as reasonably to preclude the idea of deliberate design — they may be regarded as contemporaneous. (6 C. & P. 325. See also, Milcheaon v. The State, 11 Ga.... | |
 | Nevada. Supreme Court - 1870 - 514 pages
...transaction—if they elucidate The State of Nevada v. Ah Loi. it—if they are voluntary and spontaneous—and if they are made at a time so near to it as reasonably to preclude the idea of deliberate design—they may be regarded as contemporaneous. (6 C. & P. 325. See also, Milcheoon v. The State,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 620 pages
...declarations spring out of the transaction, if they elucidate it, if they are voluntary and spontaneous, and if they are made at a time so near to it as reasonably to preclude the idea of deliberate design, they are then to be regarded as contemporaneous. (Mitchesonv. The State, 11 Geo. 615.) The next objection... | |
 | 1892 - 1312 pages
...appear to spring out of the transaction; if they elucidate; if they are voluntary and spontaneous, and made at a time so near to it as reasonably to preclude the idea of deeign,— then they are to be regarded as contemporaneous. Mitchum v. Sta te, 11 Ga. 615. This rule... | |
 | Henry Roscoe - 1888 - 830 pages
...time. If they spring out of the transaction, elucidate it, arc voluntary and spontaneous, and make at a time .so near to it as reasonably to preclude the idea of del iberate design, they are then to be regarded as contemporaneous. Mitcham r. State, 1 1 Ga. 61 5... | |
 | 1895 - 1250 pages
...transaction, if they elucidate it, if they are voluntary _ and spontaneous, and if they are made at the time, so near to it, as reasonably to preclude the idea of deliberate design, they are then to be regarded as contemporaneous." If declarations of a past occurrence are made under... | |
 | Abraham Clark Freeman - 1898 - 1034 pages
...be precisely concurrent In point of time. If they spring out of the transaction, elucidate it, and are made at a time so near to it as reasonably to preclude the idea of deliberate design, then they are to be regarded as contemporaneous. (State v. Arnold, 8G7.) See Appeals, 4; Carriers, 11: Deeds.... | |
 | Abraham Clark Freeman - 1898 - 1022 pages
...be precisely concurrent, in point of time. If they spring out of the transaction, elucidate it, and are made at a time so near to it as reasonably to preclude tlie Idea of deliberate design, then they are to be regarded as contemporaneous. (State v. Arnold,... | |
 | 1900 - 1070 pages
...concurrent In point of time. If the declarations spring out of the transaction, If they elucidate it, and If they are made at a time so near to it as' to preclude reasonably the idea of deliberate design, they are to be regarded as contemporaneous. In... | |
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If the declarations spring out of the transaction, if they elucidate it, if they are voluntary and spontaneous, and if they are made at a time so near to it as reasonably to preclude the idea of deliberate design, they are then to be regarded as contemporaneous. 
