
    United States v. James McGurk.
    On a trial for murder the dying declarations of the deceased are evidence.
    Indictment, for the murder of his wife, by beating her, while pregnant with twins, so as to produce a miscarriage and consequent death.
   The CouRT

permitted her dying declarations to be given in evidence.

The authorities, cited upon the trial were : 1 Hawk. 124; Forster’s Cr. Law, 256, 138, 259 ; Leach’s Crown Cases, 141; 4 Bl. Cora. 195 ; 1 Gilb. L. E. 303 ; 2 Hale, 289 ; Woodcock's case; Leach’s Cr. Ca. 437, 563, case 218; 1 Bl. Com. 442.

The prisoner was condemned, and executed October 28th, 1802.  