Massachusetts General Laws
Mass. Gen. Laws ch. 233, § 64 (2026)
Admissibility of dying declaration of woman
✓ current as of July 2026
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Section 64. In prosecutions under section nineteen of chapter two hundred and seventy-two in which the death of a woman is alleged to have resulted from the means therein described, her dying declarations shall be admissible in evidence.
Notes of Decisions
Cited in 4
cases, 1923–2008 · leading case: Commonwealth v. Nesbitt, 892 N.E.2d 299 (Mass. 2008).
Commonwealth v. Nesbitt, 892 N.E.2d 299 (Mass. 2008). “” The rule has also been expanded by statute, see G. L. c. 233, § 64 (addressing admissibility of dying declaration of woman whose death results from unlawful abortion).”
Commonwealth v. Slavski, 140 N.E. 465 (Mass. 1923). “Thayer v. Lombard, 165 Mass. 174 . Wigmore on Ev.”
Commonwealth v. Hebert, 163 N.E. 189 (Mass. 1928). “” The declaration relied on by the Commonwealth as a dying declaration was made after nine o’clock in the evening of March 18, 1928; at thirty minutes after three o’clock on the next morning the patient was semi-conscious, and she became unconscious after four o’clock, and died…”
Commonwealth v. Morris, 162 N.E. 362 (Mass. 1928). “Robert, who had been called to her home, she made statements in the presence of the defendant concerning the cause of her condition, which were not admissible as dying declarations under G. L. c. 233, § 64, but which were made in the presence of the defendant in response to…”
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