A Treatise on the Law of Evidence: Crimes, equity, admirality, courts-martialBobbs-Merrill Company, 1905 |
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Страница lvii
... Proper v . State , 3098 , 3107 Polin v . State 3028 , 3117 Prout v . Roberts 3204 Poling v . Huffman 3235 Pollard v . People v . State Polson v . State Pomeroy v . State Polinsky v . People Polk v . State 2785 , 3145 , 3151 , 3152 3080 ...
... Proper v . State , 3098 , 3107 Polin v . State 3028 , 3117 Prout v . Roberts 3204 Poling v . Huffman 3235 Pollard v . People v . State Polson v . State Pomeroy v . State Polinsky v . People Polk v . State 2785 , 3145 , 3151 , 3152 3080 ...
Страница 7
... proper case , by the prosecution.18 § 2706. Burden of proof - Reasonable doubt . - The presumption is in favor of innocence , 11 and for this reason , even if there were no other , the burden of proof would ordinarily be upon the ...
... proper case , by the prosecution.18 § 2706. Burden of proof - Reasonable doubt . - The presumption is in favor of innocence , 11 and for this reason , even if there were no other , the burden of proof would ordinarily be upon the ...
Страница 19
... proper case for the same purpose ; 60 and weapons , burglarious tools , clothing , and the like , belonging to the accused or found in his possession at or near the scene of the crime may usually 59 see also , Harris v . People , 64 ...
... proper case for the same purpose ; 60 and weapons , burglarious tools , clothing , and the like , belonging to the accused or found in his possession at or near the scene of the crime may usually 59 see also , Harris v . People , 64 ...
Страница 29
... proper limits . And even silence under accusation of guilt under such circumstances that an innocent man would usually speak , may be shown in evi- " Underhill Cr . Ev . , § 115 , citing , McAdory v . State , 62 Ala . 154 ; Peo- ple v ...
... proper limits . And even silence under accusation of guilt under such circumstances that an innocent man would usually speak , may be shown in evi- " Underhill Cr . Ev . , § 115 , citing , McAdory v . State , 62 Ala . 154 ; Peo- ple v ...
Страница 41
... proper foundation is laid for secondary evidence , 165 but parol evidence is admissible , in a proper case , to show the identity of the offense166 as well as the person , ' , 167 and , perhaps , on other matters when re- quired by ...
... proper foundation is laid for secondary evidence , 165 but parol evidence is admissible , in a proper case , to show the identity of the offense166 as well as the person , ' , 167 and , perhaps , on other matters when re- quired by ...
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accused admiralty alleged answer assault bigamy bill Bishop Blatchf Brown burden of proof character charge circumstances circumstantial Clark committed common law Commonwealth competent Conn consent conspiracy constitute conviction corpus delicti corroboration court court-martial courts of equity Cox Cr Cranch U. S. crime criminal deceased defendant defendant's dence establish evidence fact false Gray Mass Greenleaf guilty held admissible indictment inferred intent interrogatories Iowa Jones jurisdiction jury Kans larceny marriage matter McClure Minn Miss monwealth N. J. Eq necessary oath offense officer Ohio St party perjury person possession presumption prima facie proper prosecution prosecutrix prove purpose question reasonable doubt rule sexual intercourse shown Smith statute stolen Strob sufficient tending to show Tenn testimony tion trial unlawful vessel wealth witness
Популарни одломци
Страница 527 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 91 - The only general rule that can be laid down upon the subject is that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Страница 298 - It is not confined to ill-will towards one or more individual persons, but is intended to denote an action, flowing from any wicked and corrupt motive, a thing done malo animo, where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty, and fatally bent upon mischief.
Страница 534 - All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the account so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories, as the master shall direct.
Страница 534 - ... in the usual form, which may be issued by the clerk in blank and filled up by the party praying the same, or by the commissioner, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attendance in court; and if any witness shall refuse to appear or give evidence it shall be deemed...
Страница 594 - Section 2, of the Constitution, extends the judicial power of the United States " To all cases of admiralty and maritime jurisdiction...
Страница 752 - No sentence of a court-martial shall be carried into execution until the same shall have been approved by the officer ordering the court, or by the officer commanding for the time being.2 ART. 105. No sentence of a court-martial, inflicting the punishment of death, shall be carried into execution until it shall have been confirmed by the President...
Страница 527 - Statutes, which provides that "in the courts of the United States no witness shall be excluded in any action on account of color or in any civil action because he is a party to or interested in the issue tried : Provided, that in actions by or against executors, administrators or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator...
Страница 527 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
Страница 728 - All sutlers and retainers to the camp, and all persons whatsoever, serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war.