An Essay on the Principles of Circumstantial Evidence

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Butterworths, 1862 - 324 sidor
 

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Sida 134 - 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.
Sida 99 - In answer thereto, we state to your Lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But where the facts are admitted or not disputed, and the question becomes substantially...
Sida 164 - Provided, that if upon the Trial of any Person for any such subsequent Offence such Person shall give Evidence of his good Character, it shall be lawful for the Prosecutor, in answer thereto, to give Evidence of the Conviction of such Person for the previous...
Sida 149 - I mention these instances, that we may be the more cautious upon trials of offences of this nature, wherein the court and jury may with so much ease be imposed upon, without great care and vigilance; the heinousness of the...
Sida 18 - A Complete Collection of the TREATIES and CONVENTIONS, and RECIPROCAL REGULATIONS, at present subsisting between GREAT BRITAIN and FOREIGN POWERS, and of the Laws, Decrees, and Orders in Council concerning the same, so far as they relate to Commerce and Navigation, to the Repression and Abolition of the Slave Trade, and to the Privileges and Interests of the Subjects of the High Contracting Parties...
Sida 187 - The law does not require, in order to justify the inference of legal guilt in cases of circumstantial evidence, that the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of guilt.
Sida 175 - The jury found the prisoner guilty, and he was sentenced to be transported for fourteen years.
Sida 286 - KNOW not a more rash or unphilosophical conduct of the understanding than to reject the substance of a story by reason of some diversity in the circumstances with which it is related. The usual character of human testimony is substantial truth under circumstantial variety. This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between...
Sida 128 - ... market, found in the oats, close to the path, a black pocket-book containing five one-pound notes.
Sida 192 - They ought rather to reflect, that he who falls by a mistaken sentence, may be considered as falling for his country ; whilst he suffers under the operation of those rules, by the general effect and tendency of which the welfare of the community is maintained and upholden.

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