THE LAW OF EVIDENCE

BEING A CONSIDERATION OF THE

NATURE AND GENERAL PRINCIPLES of evidence, THE Instruments of EVIDENCE
AND THE RULES GOVERNING THE PRODUCTION, DELIVERY AND USE OF EVIDENCE,
TOGETHER WITH INCIDENTAL MATTERS OF PRACTICE, INCLUDING ALSO
UNDER AN ALPHABETICAL ARRANGEMENT THE APPLICATION OF
THE RULES AND PRINCIPLES OF EVIDENCE TO PARTICULAR
ACTIONS, ISSUES AND PARTIES IN CIVIL, CRIMINAL,

EQUITY AND ADMIRALTY CASES, TOGETHER

WITH EVIDENCE IN COURTS MARTIAL

BY BYRON K. ELLIOTT

AND

WILLIAM F. ELLIOTT

Authors of "ROADS AND STREETS," "RAILROADS," GENERAL PRACTICE"
and "APPELLATE PROCEDURE

IN FOUR VOLUMES

VOLUME IV

CRIMES, EQUITY, ADMIRALTY, COURTS-MARTIAL

INDIANAPOLIS

THE BOBBS-MERRILL COMPANY

THE BOBBS-MERRILL COMPANY

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY
LAW DEPARTMENT.

THE HOLLENBECK PRESS
INDIANAPOLIS

TABLE OF CONTENTS.

EVIDENCE IN PROSECUTIONS FOR CRIMES.

CHAPTER CXXVII.

GENERAL PRINCIPLES AND RULES.

Sec.

Sec.

2702. Crime Definition and general 2715. Identity.

principles.

2716. Criminal intent.

2703. Statutory crimes-Statutes af 2717. Criminal intent-Direct evi-

fecting evidence.

dence.

and

2704. Criminal capacity.

2705. Constitutional safeguards and

privileges.

2706. Burden of proof-Reasonable

doubt.

2707. Reasonable doubt.

2708. Corpus delicti-Circumstantial

evidence.

2709. Circumstantial evidence

Must exclude every reason-

able hypothesis other than

that of guilt.

2710. Circumstantial evidence-Ele- 2725. Conduct indicating conscious-

ments and classification.

2711. Circumstantial

ness of guilt-Recent posses-

sion of stolen goods.

evidence

-

evidence

2718. Criminal intent-Circumstan-

tial and presumptive evi-

dence.

Physical or external objects 2726. Defenses.

2727. Alibi.

appearances.

2712. Circumstantial evidence-Con- 2728. Insanity.

duct

2729. Intoxication.

and relations of ac-

cused.

2713. Circumstantial

2719. Motive.

2720. Evidence of other crimes.

2721. Character of accused.

2722. Character of others.

2723. Conduct indicating conscious-
ness of guilt.

2724. Conduct indicating conscious-

ness of guilt-Flight-Con-

cealment.

2730. Former jeopardy.

2731. Former jeopardy-Burden and

evidence to sustain.

Provinces of court and jury.

Proof of every link beyond

reasonable doubt.

2732.

2714. Substance of the charge- 2733. Cautionary instructions.
Venue Variance.

75793

CHAPTER CXXVIII.

Sec.

2734. Scope and purpose.

ABDUCTION.

Kidnapping.

2735. Definition and meaning.

2736. Kidnapping-Proof.

2737. Kidnapping - Common-law

rule changed.

2738. Kidnapping-Proof of intent.

2739. Kidnapping-Age and consent.

ciency.

2744. Proof of intent-Sufficient.

2745. Abduction for prostitution or

concubinage.

Abduction.

2740. Definition and meaning.

2741. Proof of physical force not re-

quired.

2742. Taking away or detention-

Proof sufficient.

2743. Proof of taking away-Suffi- 2755. Presumption of previous

offense-Distinction.

Sec.

2746. Purpose of prostitution-

Prima facie proof.

Sec.

2758. Definition and meaning.

2759. Common-law and statutory

2747. Proof of detention against the

will.

2748. Taking from the house with-

out consent of parent or

guardian.

2749. Taking from residence or cus-

tody-Proof.

2750. Taking from parents without

consent.

2751. Taking against the will of the

person abducted.

2752. Age of female abducted.

2753. Previous chaste character.

2754. Previous chaste character-

Burden of proof.

CHAPTER CXXIX.

2760. Proof of intent.

2761. Attempt to produce-Intent.

2762. Proof of motive.

2763. Advising or administering-
Proof sufficient.

2764. Effect

etc.

on woman-Consent,

chaste character.

2756. Proof of previous unchastity

as a defense.

2757. Corroborative proof.

ABORTION.

Sec.

2765. Proof of nature of means

used.

2766. Proof of pregnancy.

2767. Proof of opportunities and fa-

cilities.

2768. Proof of similar acts.
2769. Corroborative proof.
2770. Dying declarations.

2771. Necessity for producing abor-

tion-Burden of proving

negative averment.