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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Lawyers Co-operative Publishing Company, 1894 - 979 páginas

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What is Embraced in the Term Crime
9
What is Criminal Law
10
Principals and Accessories
11
CHAPTER II
12
PRESUMPTIONS Sec 18 The Term Defined
15
Presumptions of Law
16
Presumptions of Fact
18
Presumptions of Innocence
19
Presumptions of Legitimacy
21
Presumptions of Death
22
How Established
23
Importance of this Presumption in Criminal Law
24
Presumption of Sanity and Responsibility
25
Presumption where Accused is under Seven Years of Age
26
Continuance
27
Presumption of Guilt Arising from Silence and Conduct Generally
28
Presumption of Natural Consequences of Act
30
PRIMA FACIE EVIDENCE
35
BEST AND SECONDARY EVIDENCE
41
DOCUMENTARY EVIDENCE
48
How Proved
54
Refreshing Memory by the Use of
56
Parol Evidence as Affecting
62
Relevancy how Determined
69
CEIAPTER VIII
79
Extract from a Lost Letter
85
CHAPTER IX
88
Original Message the Primary Evidence
89
Views of Different Courts
90
b Of Alabama Supreme Court
91
Of the United States Circuit Court
92
Presumptions as to Telegrams
94
Secondary Evidence of Contents
95
CHAPTER X
96
Memoranda of Party Since Deceased
97
Wiews of the United States Supreme Court
98
Statement of the English Rule
100
Restrictions of the General Rule
101
Recent Cases Examined
102
The Formula Deduced
107
PROOF OF HANDWRITING Sec 72 How and by Whom Proved
109
Rule as to Proof by Comparison in Different States
110
Rule in New York
111
Rule in Alabama Ohio and South Carolina
112
Miscellaneous Authorities Examined
114
Views of Mr Wills
116
CHAPTER XII
118
Statutory Instances of its Relevancy
119
Must in all Instances be Direct
121
CHAPTER XIII
122
a Difficulty in Determining what is
125
What Evidence is Competent in Proof
126
a The Rule in Roscoe
127
Perplexing Nature of the Proof of
128
b Michigan Case
130
A New York Case
131
CHAPTER XIV
133
Exceptions Noted by a Prominent Text Writer
134
When the Rule in Civil Cases does not Apply
136
QUESTIONS OF LAW AND FACT Sec 89 Preliminary View
138
Jury as Judges of the Law and the Fact
139
Decisions Considered
140
Plea of Not Guilty Raises a Question of Fact
142
SCIENTIFIC BOOKS IN EVIDENCE Sec 95 Species of Evidence not Favored
144
Not Read in Argument to Jury
146
Views of Mr Moak
147
Exception Noted
149
PHOTOGRAPHY IN EVIDENCE Sec 100 Walue of Photography in Evidence
150
Accuracy of Photograph may be Questioned
151
Photographs of Documents when Admissible
152
CHAPTER XVIII
155
Usual Order of Proof in Criminal Cases
156
Abuse of Discretion as Subject of Review
157
Views of Judge Rosevelt
158
Conditional Reception of Evidence on Promise to Show Rele VanCy
159
CHAPTER XIX
162
What Evidence is Necessary to Secure
164
What Motion Papers should Prove
165
CHAPTER XX
167
General Rule of Criminal Pleading Stated
168
Only Material Wariance will be Regarded
169
When Wariance between Indictment and Proof will Call for Amendment
170
Instances of Immaterial Wariance in Name
171
Extended Tabulation of the Cases from Rapaljes Criminal Pro 3
175
New York Code Provisions
176
Wigorous Opposition to the Views Last Cited
179
CHAPTER XXII
181
Duty of the Respective Counsel in Closing the Case
183
Arguing from Facts not in Evidence
185
CHAPTER XXIII
186
Prominent Features of the Charge
188
The Formula Usually Adopted
189
Mistake how Rectified
192
Instructions must be Regarded in their Entirety
194
Court Cannot Assume any Fact Established when there is Con
195
Instructions are Advisory in their Nature
196
Parties may Submit Requests to Charge Sec 144 Instances of Harmless Error Sec 145 The Conclusion Reached as to Instructions
198
Power to Direct a Verdict
199
EVIDENCE OF PREJUDICIAL JURY
200
Sec
204
Evidence in Support of Verdict
206
Sec
210
Evidence of Another Crime if Pertinent to the Issue is Admis
216
CHAPTER XXVI
223
Nature and Scope of the Scintilla Doctrine
229
Statements of Prosecuting Attorney of Matters not in Evidence
245
Sec
248
Sec
254
Sec
260
TILE INSTRUMENTALITIES OF EVIDENCE
263
Sec
266
Code Provisions on the Subject
271
Sec
272
Credibility of Witnesses is for the Jury
292
Method Discretionary with the Trial Court Sec 212 Strict Mode of Procedure Seldom Pursued Sec 213 Witness must Testify to Facts Within his Kno...
319
Obiect of the Examination in Chief 322 216 as to Leading Questions
323
Sec Sec 217 No Material Fact in Issue can be Assumed on Examination
326
The Crossexamination
329
a Rule as to Hostile Witness
330
b Confined to Relevant Facts
331
When Party Makes Witness his Own d Rule as to Collateral Matters
332
e Duty of the Court to Protect the Witness
334
f Crossexamination during Absence of the Accused
335
ºf Witness Views of Sir James Stephen i Cause for Remembering Certain Facts
336
When Party may Contradict His Own Witness 868
368
Statement of the New York Rule
369
Inconsistent Statements may be Shown
370
Discrediting Partys own Witness on Ground of Surprise 372 238 Party ma i a Witness he is Compelled to Call
374
Sec Sec 239 Specific Acts of Immorality cannot be Shown
375
An Examination of Authorities
376
When Declarations Made out of Court are Admissible
378
DEPOSITIONS IN CRIMINAL CASES Sec 243 Only Admitted by Force of Statute
379
Exposition of this Subject by New York Court of Appeals
383
Sec 245 New York Criminal Code Provisions Stated 889
389
Statement of the English and California Rule 894
394
Examination of Witnesses Conditionally for the Accused
396
EVIDENCE FOR THE PROSECUTION
397
Rule Observed in Framing
403
Quashing Indictment Founded on Illegal Evidence Given before
409
CHAPTER XXXV
421
Burden of Proof as
424
A Prima Facie Case will not Rebut the Presumption of Inno
427
The Phrase Moral Certainty Examined
435
Sec 273
441
Intoxication as Affecting Malice
443
Statement of the Rule as to Criminal Intent
449
Digest Form of the Present Rule
455
CHAPTER XXXVIII
465
Recent Legislation on the Subject
474
EVIDENCE OF IDENTITY
480
Perplexing Nature of this Grade of Evidence
486
CHAPTER XLI
505
Testimony of Accomplice Competent to Convict
506
Corroborative Testimony should by Required
508
Extent of Corroboration is for the Jury
511
Crossexamination of an Accomplice
517
Rights of an Giving Evidence for the State
518
as to Codefendants who have Pleaded Guilty
519
Credibility of Accomplice is for the Jury
522
DYING DECLARATIONS Sec 830 Characteristics and Scope of
527
Admissible only when Death is the Subject of the Charge
529
Not Competent in Cases of Abortion
530
Admitted on Ground of Necessity Alone 582
533
Imminency of Death must be Apparent
534
Infirmities of this Evidence Outlined
535
Accused may Show Want of Belief that Death is at Hand
536
Narratives of Past Occurrences are Inadmissible
538
Illustrations of Extreme Rulings
539
Sec
543
CIRCUMSTANTIAL EVIDENCE Sec 842 Term Defined
544
Test of Sufficiency
546
Direct and Circumstantial Evidence Contrasted
548
What must be Proved to Warrant a Conviction by
549
Instructions from the Court Regarding this Grade of Evidence
551
Great Latitude Allowed in the Reception of
552
Sec
555
Review of the Celebrated Webster Casethe Harris Case
557
The Stokes Case Considered
559
Rules of Induction Specially Applicable to Circumstantial Evidence
561
The Rule in Civil Actions Having Criminal Attributes
565
EVIDENCE FOR THE DEFENSE
567
Sec
573
When Heroic Methods may be Employed
574
The Rule in Alabama
585
What is Reasonable Cooling Time
592
CHAPTER LXI
596
What Evidence of Character may Show
598
When Evidence is Confined to General Reputation __
604
Doctrine of Autrefois Acquit and Convict Examined
612
CHAPTER XLVII
620
EVIDENCE OF INSANITY
633
Wide Acceptance of the Rule last Stated
640
New York and Pennsylvania Cases Considered
651
The Problem Considered by Dr Ordronaux
663
Views of Mr Robert Desty
674
EWIDENCE OF ALIBI
681
EVIDENCE IN ITS RELATIONS TO SPECIFIC OFFENSES
697
Must Relate to an Existing Fact
703
Something of Walue must be Obtained
711
Examination of the English Rule
718
Felonious Intent must be Shown
724
Corpus Delicti must be Shown
730
Case of Reg v Thomas Considered 785
736
CHAPTER LIV
754
CELAPTER
772
Declarations must be Considered in their Entirety
778
Evidence of Handwriting 780 Sec 497 Direct Evidence Seldom ºired
784
Review of Miscellaneous Authorities
788
One Witness Insufficient
791
Proof Required that Defendant was on Oath
792
Impeaching Evidence always Competent __
793
Authorities Considered
794
CHAPTER LVII
799
The Case of Reg v Lumley Examined
800
Rule under the Common Law Sec 510 Domestic Marriage how Proved
801
Wiews of an Eminent Textwriter Sec 512 Actual Marriage must be Shown
804
Sec 513 First Marriage may be Proved by Confession
805
General Reputation and Cohabitation as Proof of Marriage
806
What must be Shown by the Prosecution
807
Legal Wife not a Competent Witness
810
CHAPTER LVIII
812
What must be Shown
816
Reputation of the Prosecutrix for Chastity
818
Complaint of the Outrage may be Shown
825
Caution as to the Admission of Uncorroborated Testimony
830
Utmost Resistance must be Shown
831
Presumption as to Infants
832
Evidence of Previous Offenses or Attempts
836
CHAPTER LIX
838
Previous Acts of Lasciviousness may be Shown
842
CHAPTER LX
843
The Term Defined
847
Positive Proof never Required
848
Views of Lord Stowell on the Subject
850
Prior Offenses between the Parties may be Shown
851
Admissions of Marriage Competent
852
Birth of Child as Evidence of
853
Reputation for Chastity may be Shown
854
The Term Bastard Defined
857
CHAPTER LXII
867
Distinction between Seduction and Rape
874
CHAPTER LXIII
881
A Restriction upon Plaintiffs Evidence Noted
887
Evidence of Intent Material
893
CRIMINAL CONSPIRACY
899
Dºlºr Guilt must be Established by Evidence of his own
904
Justified only by Military Necessity
910
Recalling Witnesses
916

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Página 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.
Página 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.
Página 886 - 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...
Página 886 - ... 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.
Página 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.
Página 643 - ... 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.
Página 939 - 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...
Página 777 - 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.
Página 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.
Página 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.

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