WORKS ON CRIMINAL LAW.

Bucknill on Criminal Lunacy. Unsoundness of Mind in relation to Criminal Acts. $1.50.

Dearsley's Criminal Process; or, a view of the whole proceedings taken in Criminal Prosecutions, from Judgment to Execution. $1.50.

English Crown Cases. Reports of Cases reserved for the consideration of, and decided by, the Twelve Judges of England. From 1799 to 1852. 6 vols. Vols. 4, 5, 6, $9.00. Price of set on application.

Russell on Crimes. A Treatise on Crimes and Misdemeanors. Ninth American edition, with notes and references by Hon. George Sharswood. 3 vols. $19.50.

Wills on Circumstantial Evidence. A Treatise on the Principles of Circumstantial Evidence, illustrated by numerous cases. $2.00.

T. & J. W. JOHNSON & CO.,

PHILADELPHIA.

서

ROSCOE'S DIGEST

OF THE

LAW OF EVIDENCE

IN

CRIMINAL CASES.

BY HORACE SMITH, Esq., B.A.,

OF THE INNER TEMPLE AND MIDLAND CIRCUIT, BARRISTER-AT-LAW,
RECORDER OF LINCOLN,

AUTHOR OF "THE LAW OF NEGLIGENCE;" EDITOR OF “ADDISON ON CONTRACTS,” ETC.

Eighth American Edition

FROM THE TENTH LONDON EDITION.

WITH NOTES AND REFERENCES TO AMERICAN CASES

BY HON. GEORGE SHARSWOOD, LL.D.,

AND ADDITIONAL NOTES

BY FRANCIS LINCOLN WAYLAND, Esq.,

OF THE PHILADELPHIA BAR.

IN TWO VOLUMES.

VOL. I.

PHILADELPHIA:

T. & J. W. JOHNSON & CO.,

No. 535 CHESTNUT STREET.

1888.

LELAND STANFORD JR. UNIVERSITY.

a.36319

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PREFACE

TO

EIGHTH AMERICAN EDITION.

In the present edition the author's admirable work has been carefully reproduced, Judge Sharswood's notes to the last American Edition are reprinted intact, and his method of annotation followed. The cases in the Courts of last resort in the various States, of a date subsequent to that of the last edition, as well as those reported in the several law journals and magazines have been collated, and such of them inserted, to the number of twenty-five hundred, as illustrate the subject-matter; and the endeavor has been made to call attention to points in regard to which the law in the United States differs from that set forth in the text.

A feature not to be found in any preceding edition is the table of the cases cited in the notes, which, together with the additions made to the index, will, it is hoped, facilitate reference and add, if possible, to the usefulness of the book.

The Editor takes this occasion to express his most cordial thanks to Samuel Hinds Thomas and Philippus W. Miller, Esqrs., of this Bar, to whose untiring and able assistance, what is believed to be the present completeness and accuracy of this work is so largely due.

PHILADELPHIA, 1888.

F. L. W.