A Digest of the Law of Evidence in Criminal CasesT.& J.W. Johnson, 1840 - 854 pages |
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Page 2
... possession of the opposite party , and notice has been given to him to produce it , or it be proved to be lost or destroyed , sec- ondary evidence of its contents is not admissible . Thus where a man makes a will of lands , which must ...
... possession of the opposite party , and notice has been given to him to produce it , or it be proved to be lost or destroyed , sec- ondary evidence of its contents is not admissible . Thus where a man makes a will of lands , which must ...
Page 9
... possession on subpoena , which he is not justified in withholding , will not let in pa rol evidence of its contents ; the only remedy of the party is by an ac- tion against him . Jesus College v . Gibbs , 1 Y. and Coll . 156 . Secondary ...
... possession on subpoena , which he is not justified in withholding , will not let in pa rol evidence of its contents ; the only remedy of the party is by an ac- tion against him . Jesus College v . Gibbs , 1 Y. and Coll . 156 . Secondary ...
Page 10
... possession of and swallowed , Buller , J. per- mitted parol evidence of the contents of the note to be given without any notice to produce . Spragg's case , cited 14 East , 726. In the case of De la Motte , indicted for high treason ...
... possession of and swallowed , Buller , J. per- mitted parol evidence of the contents of the note to be given without any notice to produce . Spragg's case , cited 14 East , 726. In the case of De la Motte , indicted for high treason ...
Page 11
... possession a paper is traced , and who does not produce it on notice . Life and Fire Co. v . Mechanics ' Ins . Co. , 7 Wend . 31. But the party is permitted to purge himself on oath from the possession . Vasse v . Mit- flin , 4 Wash ...
... possession a paper is traced , and who does not produce it on notice . Life and Fire Co. v . Mechanics ' Ins . Co. , 7 Wend . 31. But the party is permitted to purge himself on oath from the possession . Vasse v . Mit- flin , 4 Wash ...
Page 12
... Rep . iii . 225. ( b ) Id . ii . 283. ( c ) Id . xxv . 344. ( d ) Id . xiii . 443. ( e ) Id . xvi . 260. ( f ) Id . v . 291. ( g ) Id . ix . 160 . Where it is the duty of the party in possession 11 a Primary and Secondary Evidence .
... Rep . iii . 225. ( b ) Id . ii . 283. ( c ) Id . xxv . 344. ( d ) Id . xiii . 443. ( e ) Id . xvi . 260. ( f ) Id . v . 291. ( g ) Id . ix . 160 . Where it is the duty of the party in possession 11 a Primary and Secondary Evidence .
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Common terms and phrases
9 Geo accessary act of parliament admissible appear assault bank Bank of England bigamy bill of exchange burglary Campb charged clerk coin committed common law confession conspiracy constable convicted thereof counterfeit court criminal custody death deceased declarations defendant defraud deposition dwelling-house dying declarations East embezzlement enacted evidence examination fact forged forgery guilty of felony Hale Hawk Ibid imprisoned indictable offence instrument intent judges held jury justice killed laid larceny Leach liable libel Lord Ellenborough Lord Tenterden magistrate malice manslaughter marriage matter ment misdemeanor Moody murder oath offence officer opinion owner parish party Patteson perjury person Phill possession prisoner was indicted prisoner's promissory note Proof prosecution prosecutor proved punishment purpose question received rule Russ Russell servant Stark statute stealing stolen sufficient taken taking term not exceeding tion trial uttering Vict voire dire warrant witness xxxii xxxiv
Popular passages
Page 605 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Page 25 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Page 402 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Page 412 - Larceny ; and if upon the Trial of any Person indicted for Larceny it shall be proved that he took the Property in question in any such Manner as to amount in Law to Embezzlement, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that such Person is not guilty of Larceny, but is guilty of Embezzlement...
Page 387 - And be enacted, that if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant...
Page 26 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 19 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 721 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Page 70 - In prosecutions for conspiracies, it is an established rule that, where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of...
Page 617 - ... at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six...