The General Principles of the Law of Evidence: In Their Application to the Trial of Criminal Cases at Common Law and Under the Criminal Codes of Several StatesLawyers Co-operative Publishing Company, 1894 - 979 sider |
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Side 19
... say where the devi- ation will stop , and legal certainty will be sacrificed at the shrine of judicial discretion . " These ... says it may be very questionable , whether such decisions are not only contrary to sound policy , but even ...
... say where the devi- ation will stop , and legal certainty will be sacrificed at the shrine of judicial discretion . " These ... says it may be very questionable , whether such decisions are not only contrary to sound policy , but even ...
Side 40
... says the court , " is made sufficient evidence of sale - sufficient when no other proof is offered . It is open to disproof from every source . It may be explained by attendant circumstances . The party delivering is not estopped by the ...
... says the court , " is made sufficient evidence of sale - sufficient when no other proof is offered . It is open to disproof from every source . It may be explained by attendant circumstances . The party delivering is not estopped by the ...
Side 65
... says that the opinion of a witness is relevant if he is an expert ; it is not relevant if he is not an expert . Now that is not according to the ordinary use of language . We should say , does his opinion relate to this fact in issue ...
... says that the opinion of a witness is relevant if he is an expert ; it is not relevant if he is not an expert . Now that is not according to the ordinary use of language . We should say , does his opinion relate to this fact in issue ...
Side 90
... says : " It is as though the communication had been made orally by a personal agent , in which case it would have been enough to prove the agency and the message delivered by the agent . ' " " A telegraphic message is not admissible in ...
... says : " It is as though the communication had been made orally by a personal agent , in which case it would have been enough to prove the agency and the message delivered by the agent . ' " " A telegraphic message is not admissible in ...
Side 94
... says : " The rule is well settled that if a letter properly directed is proved to have been either put into the postoffice or delivered to the postman , it is presumed from the known course of business in the postoffice department ...
... says : " The rule is well settled that if a letter properly directed is proved to have been either put into the postoffice or delivered to the postman , it is presumed from the known course of business in the postoffice department ...
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Andre utgaver - Vis alle
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Vanlige uttrykk og setninger
accomplice accused acquittal admissible admitted alleged application authority Barb bigamy character charged circumstances circumstantial evidence cited civil Code committed common law competent confession Conn constitute conviction corpus delicti counsel crime criminal criminal law cross-examination deceased declarations defendant dence document dying declarations error established examination fact false pretenses felony grand jury Gratt Gray Greenl guilt held homicide idem sonans impeached indictment inference innocence insanity intent Iowa issue judge judicial jury justice killing larceny marriage Mass matter mind Minn murder N. Y. Crim offense Ohio St opinion Park party perjury person presumption presumption of innocence principle prisoner proof prosecution proved purpose question reasonable doubt relevant says secondary evidence Smedes Smith statement statute sufficient supra supreme court tending testify testimony threats tion United verdict Wend Whart witness
Populære avsnitt
Side 432 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Side 50 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Side 884 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Side 884 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Side 234 - When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors ; 5.
Side 641 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Side 937 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Side 775 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Side 316 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Side 55 - ... of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers.