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R. v. Perry
England and Wales Court of Appeal
2 K.B. 697 (1909)
In a quiet voice, but loud enough that she could hear it, the doctor said Agnes Summersby might die at any moment. Hours later, Agnes told her sister Gertrude, “Oh, Gert, I shall go, but keep this a secret,” and described how Perry (defendant) had performed an illegal abortion on her. Agnes died that evening, and Perry was charged with her murder. The trial court admitted what Agnes told Gertrude and convicted Perry, but noted that the case might be appropriate for a definitive appellate ruling on the admissibility of Agnes’s statements. Perry appealed, arguing the court allowed inadmissible hearsay.
Rule of Law
Holding and Reasoning (Alverstone, C.J.)
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