Note 234 — OF MEDICAL EVIDENCE GENERALLY.

It has been decided in civil cases, that declarations even of a dying man, made post litem motam are not admissible as evidence; this appears to be rather a fine drawn distinction, and if it were extended to criminal matters would be productive of some mischief; for then if a man died of his wounds, after the assailant had been committed or indicted, declarations made under circumstances of equal solemnity and religious force, would be evidence or not according to the hour of the day at which they were uttered. The distinction is not taken in the law of Scotland, as appears by the stress laid by Lord Mansfield, on such declarations in his judgment in the Douglas cause. 2 Collec. Jurid.