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admission of evidence

1. In evidence. A voluntary acknowledgment, confession, or concession of the existence of a fact or the truth of an allegation made by a party to the suit. Roosevelt v. Smith, 17 Misc. Kep. 323, 40 N. Y. Supp. 381. In pleading. The concession or acknowledgment by one party of the truth of some matter alleged by the opposite party, made in a pleading, the effect of which is to narrow the area of facts or allegations requiring to be proved by evidence. Connecticut Hospital v. Brookfield, 09 Conn. 1, 3G Atl. 1017.

2. There are situations in which the veracity element is strong enough to warrant the admission of evidence even though there is no proof that the witness was accurate in his observations. Dying declarations,3 1 declarations against interest 3 2 and admissions 3 are within this category. Whether or not that person was in a position to adequately perceive what took place does not affect the admissibility of the statement made.

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