A Digest of the Law of Evidence in Criminal CasesT. & J.W. Johnson, 1852 - 929 pages |
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Page 1
... fact of a marriage may be proved by a person who was present , and it will not be necessary to produce the parish register as the primary evidence . Morris v . Miller , 1 W. Bl . 632. So the fact that a certain person occupied land as ...
... fact of a marriage may be proved by a person who was present , and it will not be necessary to produce the parish register as the primary evidence . Morris v . Miller , 1 W. Bl . 632. So the fact that a certain person occupied land as ...
Page 4
... fact no consent had been given . He adverted to the time of night when the offence was committed , and to the circumstance of the prisoner's running away when detected , as evidence to show that the consent required had not in fact been ...
... fact no consent had been given . He adverted to the time of night when the offence was committed , and to the circumstance of the prisoner's running away when detected , as evidence to show that the consent required had not in fact been ...
Page 5
... fact of his having acted in that character will be sufficient evidence , as an admission , without reference to his appointment being in writing . Thus in an action for penalties against a collector of taxes , under 43 Geo . 3 , c . 99 ...
... fact of his having acted in that character will be sufficient evidence , as an admission , without reference to his appointment being in writing . Thus in an action for penalties against a collector of taxes , under 43 Geo . 3 , c . 99 ...
Page 13
... fact is properly an inference of that fact from other facts that are known ; it is an act of reasoning . " Per Abbott , C. J. , Rex v . Burdett , 4 B. & . A. 161.a When the fact itself cannot be proved , that which comes nearest to the ...
... fact is properly an inference of that fact from other facts that are known ; it is an act of reasoning . " Per Abbott , C. J. , Rex v . Burdett , 4 B. & . A. 161.a When the fact itself cannot be proved , that which comes nearest to the ...
Page 14
... fact cannot lie . Per Mountenoy , B. , Annesley v . Lord Anglesea , 9 St. Tr . 426 , 17 Howell , 1430. It may be observed , that it is generally the property of circum- stantial evidence to bring a more extensive assemblage of facts ...
... fact cannot lie . Per Mountenoy , B. , Annesley v . Lord Anglesea , 9 St. Tr . 426 , 17 Howell , 1430. It may be observed , that it is generally the property of circum- stantial evidence to bring a more extensive assemblage of facts ...
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Common terms and phrases
9 Geo accessary admissible alleged appear assault bank Bank of England bigamy bill of exchange burglary C. L. Reps Campb Carr certiorari charged clerk coin committed common law Commonwealth confession conspiracy convicted thereof counsel counterfeit court criminal cross-examination custody deceased declarations defendant deposition dwelling-house dying declarations East embezzlement enacted evidence examination fact false pretences forged forgery Grea guilty of felony Hale Hawk highway imprisoned instrument judges held jury justice laid larceny Law Reps Leach liable libel Lord Lord Denman Lord Ellenborough magistrate manslaughter marriage matter misdemeanor murder offence officer opinion owner parish party Patteson perjury person Phill possession prisoner was indicted prisoner's promissory note Proof prosecution prosecutor proved punishment purpose question received repair rule Russ servant Stark statute stealing stolen sufficient taken term not exceeding trial uttering Vict voire dire witness xxxii xxxiv
Popular passages
Page 662 - ... the jury sworn to try the issue, may give a general verdict of not guilty upon the whole matter put in issue upon such indictment or information, and shall not be required or directed by the court or judge, before whom such indictment or information...
Page 27 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Page 682 - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Page 255 - ... whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein.
Page 452 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Page 310 - Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony...
Page 621 - ... at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calendar months...
Page 643 - ... shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary manner...
Page 59 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or affirmation of those who shall know the facts and circumstances of the case...
Page 390 - W.4. cM or possession three or more pieces of false or counterfeit coin, resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin...