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Evidence of medical experts to show character of disease and blood-
stains-Expert evidence as to autopsies and malpractice
Non-expert evidence upon a person's physical condition.
Chemists as experts - Poisons
§ 191
192
193
194
195
Expert evidence where sexual crimes have been committed - Abor-
Invalidity of writings - Evidence to vary or explain or show real
consideration
208
Incomplete and collateral writings
209
Parol evidence to connect and explain contemporaneous writings
Receipts.
Independent parol contracts and conditions precedent
212
To establish implied, resulting or constructive trusts
213
Discharge, modification or extension of contract may be shown
Parol evidence to show absolute deed a mortgage and in suits for
specific performance and reformation or cancellation
Common and statutory law Municipal ordinances and local and
foreign laws
Foreign nations, seals and acts
Terms of court, records, rules of practice and judicial proceedings
242
243
244
CHAPTER XIX.
BURDEN OF PROOF AND RIGHT TO OPEN AND CLOSE.
Proof of negative - Facts best known to party alleging
250
Agreements not within the statute of frauds which must be evi-
denced by writings .
270
Time and mode of serving the subpoena
Recognizance to secure presence of a witness
Obstructing attendance of witnesses
Changing venue for convenience of witnesses.
Failure of witnesses to attend Continuance, when granted
Continuance in criminal trials.
Non-attendance of witness - When a contempt
Privilege of witnesses from service of civil process
Privilege of witnesses from civil arrest
Duration of the privilege from arrest
Attendance of witnesses in custody.
287
288
Attendance of witnesses before legislative bodies
289
CHAPTER XXIL
COMPETENCY OF WITNESSES.
Classes of persons incompetent
Parties incompetent as witnesses at common law
Testimony of party admissible when his connection with action no
longer exists
302
What constitutes interest in the event
303
Exceptions to the common-law rule - The answer as evidence for
Competency of parties as witnesses in equity-The employment and
effect of a bill of discovery
305
-
Defendant in criminal trial — His competency as a witness
Statutory competency of parties as witnesses
Statutory incompetency of interested persons to testify as to trans-
Incompetency of parties to negotiable instruments to impeach them.
Competency of counsel as witnesses
Incompetency of arbitrators as witnesses in an action on the award
Definition and form of oath and affirmation
Incompetency because of a lack of religious belief
Order for witnesses to withdraw from court-room.
Direct examination and cross-examination distinguished
Refusal to testify, when a contempt - Employment of interpreter
332
Questions put by the judge or by members of the jury
Leading questions - When allowable on direct examination
Responsiveness of answers
Witness may refresh his memory by referring to a memorandum or
writing
337
Character of the writing used to refresh memory of the witness
Cross-examination - Its purpose and value
"Real evidence"-Physical examination by the jury in court
Identification .
Right of the defendant in a criminal trial to confront the witnesses
against him .
845
346
346a
Exceptions to the rule that a party vouches for his own witnesses
How the adverse witness may be impeached - General reputation
for veracity, etc.
Impeachment by proving contrary statements or silence of witness
348
349
on a former occasion.
350
Falsus in uno falsus in omnibus
351
Evidence of general reputation of an impeached witness.
Privileges of witnesses-Questions disclosing pecuniary liability
Questions tending to disgrace the witness
Questions calculated to expose the witness to a criminal charge
Bias and prejudice of the witness
Waiver of objections to evidence-Necessity for repeating objec-
§ 366
tions
367
Motions to strike out evidence
368
The improper admission of evidence, when immaterial
The improper exclusion of evidence, when immaterial
Nature and use of stipulations as regards evidence
Demurrer to evidence
Order of proof - Evidence offered by the party after he rests
Materiality and sufficiency of newly-discovered evidence
Diligence of party offering new evidence must be shown
Newly-discovered evidence must not be cumulative or impeaching
merely
375
376
377
378
Writ of error
When employed at common law
379
The powers of appellate tribunals in relation to the evidence re-
ceived in the trial court
380
Positive and negative testimony - Number of witnesses as affecting
the weight of evidence
385
The discretionary power of the court- - Judicial discretion defined
and considered
386