A Treatise on the Law of Evidence, Volum 3Little, Brown,, 1876 |
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actual admiralty admissible admitted affidavit alleged answer appear apply authority bill cause chancery character charge circumstances claim committed common law Commonwealth competent constitute conviction course court Crim crime criminal defendant depositions direct documents doubt East effect equity evidence examination exception fact false felony filed force further give given ground guilty Hale hearing held indictment intent interest interrogatories issue Johns judge jury justice killing libel Lord manner Mass material matter means ment murder nature necessary notes oath objection offence officer owner particular party person plaintiff possession practice present principle prisoner proceedings produce proof proved question reason received reference regard Regina rule Russ seems ship Stat statute sufficient suit supra taken testimony tion trial United unless witness
Populære avsnitt
Side 80 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful by criminal or unlawful means.
Side 29 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Side 223 - The trial by jury in all cases in which it has been heretofore used, shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Side 150 - Whenever the author and publisher of the alleged slander acted in the bona Jtde discharge of a public or private duty, legal or moral ; or in the prosecution of his own rights or interests.
Side 29 - All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal.
Side 416 - Martial law cannot arise from a threatened invasion. The necessity must be actual and present ; the invasion real, such as effectually closes the courts and deposes the civil administration.
Side 131 - the wrongful or fraudulent taking and carrying away by any person of the mere personal goods of another, from any place, with a felonious intent to convert them to his (the taker's) own use, and make them his own property, without the consent of the owner.
Side 29 - In civil cases their duty is to weigh the evidence carefully, and to find for the party In whose favor the evidence preponderates, although It Is not free from reasonable doubt.
Side 150 - Words used in the course of a legal or judicial proceeding, however hard •they may bear upon the party of whom they are used.
Side 271 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...