Statute, whole clauses of must be applicable before it can be Time, lapse of should render Colonial Courts cautious in Titles, Statutes as to buying disputed, in force here ENLARGEMENT— Waives all formal and technical objections... ERROR- 21 21 ...550-1 When indictment lays previous convictions. 610-11 Writ of, lies for substantial defects appearing on the face of 620-1 Matter decided as strictly legal proposition 621 Where venire facias addressed to improper parties 621 Must be founded on some question of law which could not Where, in fact, and not in law, Court in which proceedings What matters can be raised on record, so as to be examined 624-5 Not the rulings of the Judge or his directions to the jury.... 625 626 ESCAPE- What is... High contempt and misdemeanor Party must be actually arrested and legally imprisoned Negligent and voluntary What is negligent.... Custody of law, how long it continues EVIDENCE- PAGE 237-9 238 .. 238 238 238-9 239 Absence of witnesses from country not sufficient to render de- But evidence need not affect identity of accused, or shew him guilty party .... 460 Rule only of practice....... 460 Acquittal, of one prisoner in order to call him as witness for Affirmative, burden of proof on party asserting.. Proof that no inducement held out ... 454 485 Except where negative proof is peculiarly within know- 450 Caution should be given to prisoner before making con- ..468-9 Challenges, prisoners severing in, when one may be witness for the other 456 Charge not the same as that on which deposition taken....477-8 457 Close of case, no evidence admissible after........ 488 PAGE EVIDENCE (Continued)— Competency of witnesses... Confessions, rule as to, different in criminal from that in civil .457-8 But this rule only applies when charge is against prisoner Advice on moral grounds. Examinations before commissioner in bankruptcy Made under the hope of being permitted to turn King's To constable, by accused in his custody..... How introduced..... Subsequent warning or caution, after inducement held 470 ...... 471 .471-2 .472-3 473 Consistent with prisoner's guilt, all circumstances must be, 461 Criminatory questions, witness not bound to answer.. Cross-examination as to previous statements in writing....... 463 Irrelevant questions should not be put to witness on......463-4 Crown, application to for pardon Deceased witness, statement of when admissible 489 478 PAGE EVIDENCE (Continued)— Depositions, object of taking Inspection of Evidence discovered after....... Before Coroner or Magistrate, proof of. Reading before Grand Jury Each need not be signed by Justice Admissible on different charge from that on which taken 477-8 Absence to render admissible Illness necessary.... Looking at, on return to Habeas Corpus.... Discrediting own witness 475 475 476 476 476-7 477 477 478 ..532-3 465 Effect of evidence, difference between civil and criminal pro- ceedings...... 449-50 Error, raising points to be examined in............................ ..489-62 Estoppel, doctrine of has much larger operation in civil than Felonies, when evidence of one admissible to shew character Of recovery, must be none to render dying declaration Illness sufficient to render deposition admissible....... 482 461 478 EVIDENCE (Continued)— Impeaching credit of witness Witnesses may prove that they would not believe him on oath Contradicting his statement Formal and legal way of PAGE 462 464 464-5 466 608 Inadmissible evidence, correct course when it is received ...... 474 Need not appear affirmatively that none held out......468-473 Judge decides admissibility of confessions Judicial notice taken of public Statute Joint charge against two prisoners, one may be acquitted and If one given in charge to jury, the other is an admissible witness against him .... But not if both given in charge...... And of dying declarations.......... .453-4-5 455 .455-6 474 481 487, 279-80 Judgment of Sessions, when sufficient proof of breach of peace 486-7 License or qualification must be produced, and proved by party having ..... 450 |