LETTER-PRESS COPIES, as evidence of handwriting, as secondary evidence, LETTERS, chap. VIII., term includes envelope, LIBEL, CRIMINAL, chap. LXIII., defined, of deceased persons, retraction or apology, effect of, New York statute, 85 85 85 86 85 88 21 82 80, 81 79 et seq. 79 881 et seq. 881, 885 882 882 882, 896 909 63 12 769 96 et seq. 96, 98, 104, 105, 107 101, 107 97 100 MARTIAL LAW, nature of, MATERIAL OBJECTS, as evidence, MEANING OF VERNACULAR LANGUAGE, judicial notice of, MEDICAL TREATISE, reading from, to contradict expert, MEMORANDA, IN EVIDENCE, chap. I., when must have been made, in whose handwriting, what entries are original, when inadmissible, by person since deceased, in aid of oral testimony, refreshing memory by, inspection of by opposite party, cross-examination as to, copies of, MERCHANTS, customs of, judicial notice of, MICROSCOPIC EXAMINATION, of blood stains, MILITARY LAW. See COURTS-MARTIAL. MONEY, description in indictment for larceny, MONOMANIA, relation to sanity, MORAL CERTAINTY, defined, MORAL INSANITY, defined, MOTIVE, defined, proof of, necessity of, 72, 97, 102, 104 96, 98, 99, 100 104 45, 58, 102 102, 103 101 12 769 67, 204 10 732 668 435 671, 676 444, 445 447 442 conflict in evidence, evidence of character, NEW TRIAL, EVIDENCE ON APPLICATION FOR, chap. XXVII., New York statute, insufficiency of evidence, admission of irrelevant evidence on assurance of counsel, 608 234 et seq. 238, 240, 243 238, 243, 247 414 OBJECTION, to evidence, ground of to be disclosed, 259 72 707 OPENING AND CLOSING THE CASE, chap. XXII., object of opening, limitations of opening, interruption by adversary, by court, limitations of closing, reversible error, OPINIONS. See EXPERT AND OPINION TESTIMONY. ORDER OF PROOF, chap. XVIII., discretionary with court, assurance of counsel as to relevancy, limitations on rebuttal, opening case after resting, ORIGINALS, of telegrams, ORIGINATION OF EVIDENCE, by courts-martial, OTHER OFFENSES, EVIDENCE OF, chap. XXV., evidence of, cautiously received, evidence of, admissible if also pertinent to issue, as showing intent, trial of extradited prisoner for, limitations as to misdemeanors, of false pretenses, of forgery, OVERT ACT, as aggravation of conspiracy, PAIN, declarations as to, PAGE. 181 et seq. 181 181 182 182 183, 185 184 155 et seq. 155, 156, 158 159 155, 157 157, 158 89, 92 914 207 et seq. 218 208, 326, 608 75n, 216 459, 461, 713, 735, 743 936 217 70, 711 779 905 124 PARDON, right of accomplice to for testifying, 519 793 must be direct, PARENTAGE, family likeness as evidence of, PARENTS, testimony of, as to legitimacy of children, PAROL EVIDENCE, chap. XII., under California Code, of spuriousness of writing, when copy of document available, PARTNER, letters of, PASSION, effect on homicide, PEDIGREE, hearsay evidence of, 481, 860 22 118 et seq. 119 121 62 80 85 593 137 PENETRATION, relation to rape. 816, 817 PERJURY, chap. LVI., 788 et seq. defined, 788 curing conviction secured by, in testimony affecting credit of accused, materiality of testimony tainted with, is for jury, PERSON, compulsory examination of, 793 794 795 690 et seq. POST-MARK, as evidence, 79 time necessary for, PRECEDENT ACTS, evidence of, PREGNANCY, compulsory examination of person to discover, PRELIMINARY EXAMINATION, testimony of accused on, PREMEDITATION, defined, wide range of evidence as to, intoxication as affecting, PREMISES, viewing the. See VIEWING THE PREMISES. PRESUMPTIONS, chap. III., 73 690, 691 357 447, 764 456 448 193, 443 15 et seq. defined, 15, 16 natural, 18 legal or artificial, 18 difference in civil and criminal cases, under California Code, legislative control of, as to accused under seven years of age, of agreement to pay interest, of arrival of letter, 16 30 38 26 17 79, 83 422 21 275 28 28 conflicting, 21 of continuance. 27 of continuance of insanity, 641, 678 of continuance of life, 800, 803 as to corpus delicti, of credibility of witness, 17 21 as to death, as to time of, 22, 23, 24 |