Utter - Law Dictionary Search Results
Home Dictionary Name: utterUttering
Uttering, tendering; selling; putting in circulation; publishing. Knowingly uttering counterfeit coin is a misdemeanour, and after two prior convictions a felony, by the Coinage Offences Act, 1861, s. 21. Knowingly uttering a forged document is punishable as forgery, The (English) Forgery Act, 1913, s. 6.The crime of presenting a false or worthiness instrument with intent to harm or defraud, Black's Law Dictionary, 7th Edn....
excited utterance
excited utterance : a statement that concerns a startling event (as a physical assault) and that is made by a person while under stress caused by the event see also res gestae spontaneous declaration at declaration compare dying declaration at declaration NOTE: Excited utterances are an exception to the hearsay rule. They may be admitted as evidence even if the declarant is available as a witness. ...
spontaneous utterance
spontaneous utterance : spontaneous declaration at declaration ...
utter
utter : to put (as a counterfeit note) into circulation as if genuine [convicted of ing a forged check] ut·ter·er n ...
Utter Barristers
Utter Barristers, barristers who plead 'without' the bar; all such counsel as are not either King's Counsel or Serjeants-at-law. See Cowel, tit. 'Barraster.'...
Pronounce
Pronounce, means to proclaim, to utter formally, to utter rhetorically, to declare, to utter, to articulate, Chambers 20th Century Dictionary, New Edition, p. 1030.The term 'pronounce' means to proclaim, to utter formally, to utter rhetorically, to declare to, utter, to articulate, Shamim Ara v. State of Uttar Pradesh, (2002) 7 SCC 518: AIR 2002 SC 3551 (3557). (Criminal, PC 1973, s. 125)...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
Instigate
Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya ...
res gestae
res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...
Effable
Capable of being uttered or explained utterable...
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