A Treatise on the Law of Criminal Evidence: Including the Rules Regulating the Proper Presentation of Evidence and Its Relevancy, the Mode of Proof in Particular Classes of Crimes, and the Competency and Examination of Witnesses, with Full References to DecisionsBobbs-Merrill, 1898 - 947 páginas |
Dentro del libro
Resultados 1-5 de 83
Página 32
... prosecution for homicide , 4 L. R. A. ( N. S. ) 934 ; note on pre- sumption as to voluntariness of sub- sequent confession , 18 L. R. A. ( N. S. ) 857 ; note on presumption as to character of confession , 18 L. R. A. ( N. S. ) 783 ...
... prosecution for homicide , 4 L. R. A. ( N. S. ) 934 ; note on pre- sumption as to voluntariness of sub- sequent confession , 18 L. R. A. ( N. S. ) 857 ; note on presumption as to character of confession , 18 L. R. A. ( N. S. ) 783 ...
Página 34
... prosecution must rebut both.10 This appears to be no longer the law . " 1 § 19. Presumption of chastity of female ... prosecutions for seduction , or for slander in imputing un- chastity to a female , the rebuttable presumption that all ...
... prosecution must rebut both.10 This appears to be no longer the law . " 1 § 19. Presumption of chastity of female ... prosecutions for seduction , or for slander in imputing un- chastity to a female , the rebuttable presumption that all ...
Página 40
... prosecution is compelled in the first instance to make out a prima facie case prov- ing the essential facts embraced in the criminal transaction al- leged , including the intent . If this is done , and the accused offers no evidence ...
... prosecution is compelled in the first instance to make out a prima facie case prov- ing the essential facts embraced in the criminal transaction al- leged , including the intent . If this is done , and the accused offers no evidence ...
Página 41
... prosecution until the verdict is reached . This rule is clearly applicable in every case where the defend- ant by pleading " not guilty " alone , and without qualification , stands upon a negative allegation , and does not rely upon any ...
... prosecution until the verdict is reached . This rule is clearly applicable in every case where the defend- ant by pleading " not guilty " alone , and without qualification , stands upon a negative allegation , and does not rely upon any ...
Página 43
... prosecution has not sus- tained the burden of proof in convincing the jury of the prisoner's guilt beyond a reasonable doubt , he should be acquitted . It may happen that the facts which sustain , or tend to sustain a defense of ...
... prosecution has not sus- tained the burden of proof in convincing the jury of the prisoner's guilt beyond a reasonable doubt , he should be acquitted . It may happen that the facts which sustain , or tend to sustain a defense of ...
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Términos y frases comunes
accomplice accused admissible alleged Allen Mass attorney Brown character charge circumstances Colo committed common law Commonwealth Ky competent confession Conn conviction corpus delicti corroboration court Cox C. C. credibility CRIM crime criminal cross-examination cused Cush deceased defendant dence dying declarations Elliott Evidence examination fact Feople grand jury Gratt Gray Mass guilt homicide Hun N. Y. impeach indictment inference insanity intent Iowa Johnson Jones jurors marriage Minn Miss Mont monwealth N. Y. Cr ness offense Ohio St Okla Park party permitted person possession presumption prisoner proof prosecution proved question reasonable doubt received relevant res gesta rule Sections sexual intercourse shown Smith statement statute Tenn Territory testify testimony threats tion trial Underhill United Utah Wash wealth Wend witness
Pasajes populares
Página 297 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring 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.
Página 297 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
Página 21 - 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.
Página 811 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Página 188 - Now 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...
Página 810 - It must appear, therefore, to the Governor of the state to whom such a demand is presented, before he can lawfully comply with it: First, that the person demanded is substantially charged with a crime against the laws of the state from whose justice he is alleged to have fled, by...
Página 142 - It has been usual to treat the good character of the party accused as evidence to be taken into consideration only in doubtful cases. Juries have generally been told that where the facts proved are such as to satisfy their minds of the guilt of the party, character, however excellent, is no subject for their consideration ; but...
Página 808 - Whenever the executive authority of any state or territory demands any person as a fugitive from justice of the executive authority of any state or territory to which such person has fled, and produces a copy of an indictment found, or an affidavit made before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor...
Página 628 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Página 810 - The first of these prerequisites is a question of law, and is always open upon the face of the papers to judicial inquiry, on an application for a discharge under a writ of habeas corpus.