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 States |
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Page 12
... Judge Hunt . It is an epitome of the legal sentiment of this country , and through its logical inferences and implications it can be made to embrace every rule pertinent to this discussion . After an interesting resumé of the ...
... Judge Hunt . It is an epitome of the legal sentiment of this country , and through its logical inferences and implications it can be made to embrace every rule pertinent to this discussion . After an interesting resumé of the ...
Page 13
... judge . Abbott , Trial Brief , § 494 , citing Case v . Perew , 46 Hun , 57 . § 2. Judicial Notice Excludes the Necessity of Proof.- " No evidence of any fact of which the court will take judicial notice need be given by the party ...
... judge . Abbott , Trial Brief , § 494 , citing Case v . Perew , 46 Hun , 57 . § 2. Judicial Notice Excludes the Necessity of Proof.- " No evidence of any fact of which the court will take judicial notice need be given by the party ...
Page 37
... judge to determine whether there is testimony sufficient to make it appear , prima facie , that a crime has been committed . The evidence on which the judge acts may not necessarily establish the corpus delicti . It may be PRIMA FACIE ...
... judge to determine whether there is testimony sufficient to make it appear , prima facie , that a crime has been committed . The evidence on which the judge acts may not necessarily establish the corpus delicti . It may be PRIMA FACIE ...
Page 61
... judge , unless in deciding such a question the judge would in effect decide the matter in issue . " Art . 71 . " Secondary evidence of the contents of the documents referred to in article 71 ( a ) may not be given , unless the party ...
... judge , unless in deciding such a question the judge would in effect decide the matter in issue . " Art . 71 . " Secondary evidence of the contents of the documents referred to in article 71 ( a ) may not be given , unless the party ...
Page 101
... Judge Mullin , " it was not intimated by the wit- ness that he did not remember the fact without reference to the memorandum . " And at page 335 of the same case , Judge Denio reaffirms the same rule . The absence of harmony in the ...
... Judge Mullin , " it was not intimated by the wit- ness that he did not remember the fact without reference to the memorandum . " And at page 335 of the same case , Judge Denio reaffirms the same rule . The absence of harmony in the ...
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Other editions - View all
The General Principles of the Law of Evidence in Their Application to the ... Frank Sumner Rice No preview available - 2017 |
The General Principles of the Law of Evidence in Their Application to the ... Frank Sumner Rice No preview available - 2017 |
Common terms and phrases
accomplice accused acquittal admissible admitted alleged attorney authority Barb bigamy character charged circumstances circumstantial evidence cited civil Code committed common law competent confession Conn constitute conviction corpus delicti corroboration counsel crime criminal criminal law cross-examination deceased declarations defendant defendant's dence 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 Minn murder N. Y. Crim oath offense Ohio St opinion Park party perjury person presumption presumption of innocence prisoner proof prosecution prosecutrix proved purpose question reasonable doubt rule says Smedes Smith statement statute sufficient supra supreme court tending testify testimony threats tion trial United verdict Wend Whart witness
Popular passages
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.