Om denne boken
Mitt bibliotek
Bøker på Google Play
Sec. 62. Prerequisites Necessary to the Introduction of Memoranda
96
Sec. 63. Time of Making Memoranda..
Sec. 64. Memoranda of Party Since Deceased
97
Sec. 65. Views of the United States Supreme Court..
98
Sec. 66. Views of the Alabama Supreme Court
Sec. 67. Statement of the English Rule
100
101
102
107
Sec. 68. A Distinction Noted..
Sec. 69. Restrictions of the General Rule...
Sec. 70. Recent Cases Examined
Sec. 71. The Formula Deduced....
CHAPTER XI.
PROOF OF HANDWRITING-
Sec. 72. How and by Whom Proved..
Sec. 73. Rule as to Proof by Comparison in Different States.
a. Rule in Vermont
b. Rule in Massachusetts
c. Rule in New York.
d. Rule in Alabama, Ohio and South Carolina..
Sec. 74. Miscellaneous Authorities Examined..
Sec. 75. Views of Mr. Wills...
109
110
111
112
114
116
CHAPTER XII.
PAROL EVIDENCE.
Sec. 76. Its Extended Relations to Criminal Cases Illustrated
Sec. 77. Statutory Instances of its Relevancy
Sec. 78. Must in all Instances be Direct
Sec. 79. Competent in Cases of Lost Instruments..
CHAPTER XIII.
RES GESTE.
Sec. 80. Statement and Illustration of the Principle.
a. Difficulty in Determining what is..
b. Views of Mr. Rapalje....
c. The General Rule ...
Sec. 81. What Evidence is Competent in Proof..
a. The Rule in Roscoe
Sec. 82. Perplexing Nature of the Proof of..
118
119
121
122
125
126
127
128
Sec. 84. Rule in Civil Cases Applied..
Sec. 85. General Rule Excluding
Sec. 86. Exceptions Noted by a Prominent Text Writer.
Sec. 87. When the Rule in Civil Cases does not Apply.
Sec. 88. The Rule from Roscoe....
CHAPTER XV.
133
134
136
PHOTOGRAPHY IN EVIDENCE.
Sec. 100. Value of Photography in Evidence...
Sec. 101. The Celebrated Udderzook Case Examined.
Sec. 102. Accuracy of Photograph may be Questioned.
Sec. 103. Photographs of Documents when Admissible..
CHAPTER XVIII.
ORDER OF PROOF.
Sec. 104. Order of Proof Largely Discretionary..
Sec. 105. General Rule as to the Prosecution..
Sec. 106. Usual Order of Proof in Criminal Cases.
144
146
147
149
150
151
152
155
156
Sec. 107. Abuse of Discretion as Subject of Review.
157
Sec. 108. Rule as to New Evidence..
Sec. 109. Pertinent Evidence may be Received at any Time
Sec. 110. Views of Judge Rosevelt..
158
Sec. 111. Conditional Reception of Evidence on Promise to Show Rele-
vancy...
159
Sec. 112. Continuance Granted when....
CHAPTER XIX.
EVIDENCE NECESSARY TO SECURE A CONTINUANCE.
Sec. 113. Rule the Same as in Civil Cases
162
Sec. 114. Right not Affected by Admissions of Opposite Party..
Sec. 115. What Evidence is Necessary to Secure...
Sec. 116. What Motion Papers should Prove...
164
165
Sec. 121. Only Material Variance will be Regarded.......
CHAPTER XX.
VARIANCE-IDEM SONANS.
Sec. 117. The Term Variance Defined
Sec. 118. Proofs and Allegations must Correspond.
Sec. 119. General Rule of Criminal Pleading Stated..
Sec. 120. Illustration of these Rules...
Sec. 122. When Variance between Indictment and Proof will Call for
167
168
169
Amendment..
170
Sec. 123. The Doctrine of Idem Sonans Stated..
Sec. 124. Instances of Immaterial Variance in Name..
171
Sec. 125. Extended Tabulation of the Cases from Rapalje's Criminal Pro-
Sec. 128. New York Code Provisions
Sec. 129. The Views of the New York Supreme Court..
Sec. 130. Vigorous Opposition to the Views Last Cited..
CHAPTER XXII.
OPENING AND CLOSING THE CASE.
Sec. 131. Object of...
Sec. 132. Extent to which Counsel may go in Opening.....
Sec. 133. Duty of the Respective Counsel in Closing the Case..
Sec. 134. Arguing from Facts not in Evidence
CHAPTER XXIII.
181
183
185
Sec. 140. Instructions must be Regarded in their Entirety.
194
Sec. 141. Court Cannot Assume any Fact Established when there is Con-
flict....
195
Sec. 142. Instructions are Advisory in their Nature..
196
Sec. 143. Parties may Submit Requests to Charge
197
Sec. 144. Instances of Harmless Error
198
Sec. 145. The Conclusion Reached as to Instructions
Sec. 146. Power to Direct a Verdict..
199
CHAPTER XXIV.
EVIDENCE OF PREJUDICIAL JURY.
Sec. 147. Accused is Entitled to Fair and Impartial Jury
Sec. 148. Mere Abstract Opinion of Guilt No Ground for Objection....
Sec. 149. The Test of Competency..
Sec. 150. When the Objection should be Regarded.
Sec. 151. Irregularity of the Grand Jury may be Shown.
Sec. 152. Evidence in Support of Verdict
CHAPTER XXV.
EVIDENCE OF OTHER OFFENSES.
200
201
203
204
206
Sec. 153. The General Rule Excludes....
207
Sec. 154. An Exception Noted to the Above Rule
208
Sec. 155. Evidence of Another Crime if Pertinent to the Issue is Admis-
sible...
216
Sec. 156. Rule as to Misdemeanors
217
Sec. 157. Evidence of Other Offenses should be Cautiously Admitted.
Sec. 158. Fabrication and Suppression of Evidence...
Sec. 162. Review of an Apt Decision in the United States Circuit Court.. 226
Sec. 163. Notes and Memoranda in the Jury Room..
227
Sec. 164. May Return into Court for Information...
Sec. 165. Instructions as to Duty in Weighing Evidence..
228
Sec. 166. Relative Weight of Positive and Negative Testimony.
Sec. 167. Nature and Scope of the Scintilla Doctrine...
Sec. 168. Statement of the Pennsylvania Rule
Sec. 176. Insufficiency of the Evidence as Ground for.
Sec. 177. Verdict against Weight of Evidence....
Sec. 178. Newly Discovered Evidence .....
Admission of Illegal Evidence as Ground for...
234
235
236
237
238
242
243
244
Sec. 179.
Sec. 180. Statements of Prosecuting Attorney of Matters not in Evidence. 245
Sec. 181. Failure to Object to the Admission of Improper Evidence no
Ground for....
Sec. 182. Doctrine of Invited Error Considered..
Sec. 183. Technical Errors Disregarded in Motion for...
Sec. 184. Misconduct of Jury as Ground for..
248
249
250
251
Sec. 185. Evidence of Irregularity in the Composition of the Grand Jury. 254
Sec. 186. Evidence of the Record on Appeal....
a. Rules in Admitting and Excluding Evidence..
b. Consideration of the Exceptions...
c. When Exceptions are Deemed Waived....
PART II.
THE INSTRUMENTALITIES OF EVIDENCE.
CHAPTER XXVIII.
257
258
261
SECURING THE ATTENDANCE OF WITNESSES.
Sec. 187. Subpoena, the Term Defined by Bouvier..........
263
Sec. 188. Constitutional Guaranties to the Right to this Process..
Sec. 189. Characteristics of the Writ..
264
Sec. 190. United States Revised Statutes on the Subject
Sec. 191. Comments on the Writ
265
Sec. 192. Views of Mr. Justice Thornton..
267
Sec. 197. General Abrogation of Former Disqualifying Laws
278
Sec. 198. New York and California Rules Relating to the Subject..
Sec. 199. Theory of Chief Justice Appleton
279
d. Exception as to Infancy..-
e. Summary of the Foregoing Exceptions.
Sec. 201. Credibility of Witnesses is for the Jury
Sec. 202. Effect of False Testimony on Credibility.
Sec. 205. Court must Determine the Force of the Refusal..