HEARSAY (continued):

References are to pages.

declarations constituting a part of the res gestæ, 74, 75.

requisites, 75.

must be illustrative and connected with main transaction, 75, 76.

must be contemporaneous, 77, 78.

entries as part of the res gestæ and made by third persons, 78-80.

entries against interest and entries which are part of the res gestæ dis-
tinguished, 80, 81.

a party's own books as evidence, 81-86.

indorsements as part of the res gestæ, 86, 87.

commissions, 88 et seq.

confessions, 124 et seq.

general reputation, 153 et seq.

dying declarations, 138 et seq.

ancient writings, 148 et seq.

witnesses absent or disqualified, 167-173.
in affidavits, 528, 529.

HOMICIDE (continued):

References are to pages.

dying declarations in, 138-147.

relevancy of evidence in, 27.

burden of proof in, 384-386.

HOPE:

as an element in inducing confessions, 126–129.

HORSE:

disposition of, opinion as to, 269.

HOSTILE WITNESS:

impeachment of, by party calling, 502.

hostility and bias of, may be shown in direct examination, 503.

contradictory statements by, 503.

foundation for contradicting, 504.

may be asked leading questions, 474.

HOUSE:

evidence to show value of, 290.

HOUSEHOLD FURNITURE:

evidence to show value of, 291, 292, 293.

HOUSEKEEPER:

as witness, to show value of board, 293.

HUMAN BLOOD:

stains caused by, 281.

HUSBAND:

when bound by wife's admissions, 97, 98.

competency of as witness, 244, 245.

confidential communications, 245, 247-249.

statutory legislation, 245-247.

death of, its effect, 248.

as witnesses in issue of adultery, 248.
as witness to non-access, 249.

HYPOTHETICAL CASE:

stating to jury, 32.

HYPOTHETICAL QUESTION:
defined, 272.

facts on which based, 272.

not based on conjecture, 273.

must assume and state material facts alone, 273.

may assume doubtful facts, 273.

in cross-examination, 274.

when employed to test skill of expert, 274.
length, 273.

may be put in writing, 273.

on insanity, 287, 288.

References are to pages.

I.

IDEM SONANS, 43.

IDENTIFICATION:

of third person making an admission, 115.

of speaker at telephone, 122, 123.

use of photographs for the purpose of, 59.

of prisoner's statement at preliminary examination, 132.

of deceased person whose declarations constitute reputation, 155.
by witnesses in court, 298.

of subject-matter of writing, by parol, 320.

of persons, by witnesses, 494, 495.

IDENTITY:

opinion evidence to show, 269.

of cause of action, to admit prior judgment, 234-236.

IDENTITY OF INTEREST:

as regulating admissions, 89, 90.

IDENTITY OF PARTIES:

required where evidence of missing witness is given at a subsequent
trial, 169, 170.

when judgment is relied on as estoppel, 233, 234.

IGNORANCE OF WITNESS:

when it admits contradictory statements or evidence of knowledge, 503.
when permitting leading questions, 474.

effect of, as evidence, 566.

ILLEGAL ARREST:

of witnesses (see PRIVILEGE OF WITNESSES).

ILLEGALITY:

of consideration, evidence of, 306.

ILLEGIBLE WORDS:

parol evidence to explain, 324.

ILLNESS;

evidence of non-expert witness, 282.

of witness, ground for a continuance, 416.

ILLNESS OF WITNESS:

admits testimony taken at a prior trial, 169.
IMMORALITY:

of consideration, evidence of, 306.

of witness, may be shown to impeach, 505, 506.

"IMPEACH:"

definition of, 500.

IMPEACHMENT:

References are to pages.

of accuracy of photographs, 59.

of confessions, 134.

of certificate of acknowledgment, 189, 192.

of foreign judgments, 235.

of domestic judgments, 240.

of expert by scientific book, 275.

of consideration by parol, 305-307.

of competency of interpreter, 469.

IMPEACHMENT OF WITNESSES:

party cannot impeach his own witness, 500-502.

exceptions to the rule that a party vouches for his own witnesses, 502-
504.

how the adverse witness may be impeached; general reputation for
veracity, 504-507.

impeachment by proving contrary statements or silence of witness on a
former occasion, 507-512.

falsus in uno, falsus in omnibus, 512–514.

evidence of general reputation of impeached witness, 514, 515.

privileges of witness; questions disclosing pecuniary liability, 515, 516.
questions tending to disgrace the witness, 516-519.

questions calculated to expose the witness to a criminal charge, 519–522.
bias and prejudice of the witness, 522-524.

IMPERTINENT QUESTIONS:

refusal to answer, 469.

IMPLIED ADMISSIONS:

by conduct, 111.

by silence, 112, 113.

by inspection of books, 113.

(see also ADMISSIONS.)

IMPLIED CONFESSIONS, 124, 125.

IMPLIED CONTRACT:

allegation of an, 40.

IMPLIED MALICE, 362.

IMPLIED TRUSTS:

parol evidence to establish, 312.
not covered by statute of frauds, 400.
IMPOTENCY:

physical examination when alleged, 297.
IMPRESSIONS:

of witnesses, 268-270.

IMPRISONMENT:

of witness, to prevent attendance, 415.

IMPROPER ADMISSION OF EVIDENCE:
when immaterial, 544, 545.

IMPROVEMENTS:

References are to pages.

on land as a partial performance, 397.

INADEQUACY (see CONSIDERATION).

INCAPACITY:

of grantor, burden of proof, 387.
INCARCERATION:

of witnesses, 414.

INCIDENTAL IMPEACHMENT:

of witness, 501.

INCOMPETENCY:

of privileged communications, 243-260.

of accused as witness, 433.

INCOMPLETE WRITINGS:

parol evidence to fill out omissions, 307, 308.

INCORPORATION:

when proof of, required, 376.

INCORPORATION OF WRITINGS:
by reference, 308.

INCORPOREAL HEREDITAMENTS:
presumption of grant, 339, 340.

INCREASE OF RISK:

evidence to show, 294.

INCRIMINATING QUESTIONS:
answer to, not compellable, 519.
"one link in chain of proof," 520.
details need not be shown, 520.
belief of witness, 520, 521.
province of court, 520, 521.

witness may answer, 520.

to defendant in chancery, 520.

innocence of witness, not material, 520.

if witness waive privilege he must give details, 520,

when accused must answer, 521.

privilege from, is personal, 521.

answers to, cannot be used, 522.

if prosecution is barred, 522.

no presumption from refusal to answer, 522.

INDEBTEDNESS:

primary evidence of, 57, 58.

INDEPENDENT PAROL CONTRACTS:
may be shown, 310.

INDIAN TREATIES:

judicial notice of, 377.