BILL OF PARTICULARS, in what cases ordered, as affecting relevancy, exception necessary to review refusal to grant, PAGE. 68 67 68 767 62 144 et seq. 421 et seq. 423 424 427, 428 defined, seduction, BURGLARY. EMBEZZLEMENT, ROBBERY AND BURGLARY, chap. LIII., proof of, presumption from possession of stolen goods, constructive breaking, evidence of former attempts, breaking into cemetery vault, BY-STANDERS, cries of as res gesta, CEMETERY VAULT, subject of burglary, EVIDENCE OF CHARACTER, chap. XLV., of accused, of victim, of assailant in relation to self-defense, of witness, specific acts or charges, negative evidence of, presumption from failure to prove good, 879 742 et seq. 748 749 750, 752 750 751 753 126, 127 753 596 et seq. 596, 598, 606 596, 605, 765 587 597, 607, 610 599, 601, 603, 604, 607 608 599 constitutional limitations, CHARACTER, continued. when evidence of good admissible, when unavailing, consideration of by jury, CHARGING THE JURY ON THE EVIDENCE, chap. XXIII., Oregon statute, PAGE 361 606 223 186 et seq. 186 191 COMPULSORY COMPARISON, of feet with foot prints, PAGE. COMPULSORY EXAMINATION OF PERSON OR PAPER, chap. L., to what extent allowable, in civil cases, 690 et seq. COMPULSORY PRODUCTION OF DOCUMENTS, by accused, by accused, CONCLUSIVENESS, defined, of evidence as affecting admissibility, of presumptions, of judicial records, CONDUCT, of accused as evidence, presumption from, CONFESSIONS, as evidence, defined, New York statute, must be voluntary, 690, 691, 692 694 695 694 35 72 28 62 127, 501, 680 28 488 et seq. 488 499 489, 496 491, 496, 503 493, 498, 500, 522, 524 498 778 494 497 499 499 523 497 465, 467, 476, 477 presumption as to voluntariness, what inducement vitiates, under intoxication, prosecution must use in entirety if at all, to be cautiously received in evidence, conclusiveness of, necessity for corroboration, repetitions of, sufficiency of, witnesses of, as proof of corpus delicti, CONFIDENTIAL COMMUNICATIONS, evidence of, CONFLICT OF EVIDENCE, duty of jury to reconcile, CONSPIRACY, CRIMINAL, chap. LXIV., defined, prosecution of one conspirator only, proof of, declarations of co conspirators, intent as an element, overt act as aggravation, circumstantial evidence of, CONTEMPT, witnesses, CONTINUANCE, EVIDENCE TO SECURE, chap. XIX., grounds for, intoxication of witness as ground for, effect of admissions of adversary, when error to refuse, presumption of, CONTRADICTION, of witnesses, of irrelevant evidence, CONVERSATIONS, between third persons, 192, 193, 226 841 899 et seq. 899 901 901, 904, 906 901, 905 904 905 906 265 162 et seq. 160 288 163, 164 165, 166 27 868, 370, 371 71 73 CONVICTION. See FORMER JEOPARDY. conclusiveness as to guilt, effect of, COOLING TIME, what is reasonable, COPIES, of public records, Federal statute, Colorado statute, California statute, New York statute, judicial records, of records of U. S. courts, of documents, of memoranda, only true copies admissible, existence of does not exclude parol proof, of letters by press, letter press copies as evidence of handwriting, CORPUS DELICTI, chap. xxxvIII., defined, proof of, presumptions as to, burden of proof, PAGE. 597 278, 280 592 52, 62 55 52 53 54 62 55 46 101 55 80 80, 81 82 465 et seq. 465, 468 465, 466, 468, 469, 730 17 479 confessions as proof of, CORROBORATION, of evidence of accomplices, of confessions, of prosecutrix for rape, for seduction, COUNSEL, right to have, to assist Judge Advocate in courts-martial, 465, 466, 467, 476, 477 COUNTERFEIT MONEY, passing, evidence of other instances, proof of, COURTS-MARTIAL, EVIDENCE IN TRIALS BY, chap. LXV., 506 499 826, 827, 830 867, 868, 872, 873, 877, 878 160 915 780 783 908 et seq. 908, 917 909, 913, 915 909 914, 916 914 914 915 916 916 917 919 919 920 5 292 293 CRIME, defined, distinguished from misdemeanor, not to be implied in statute, enormity of as affecting proof, CRIMINAL EVIDENCE, how distinguished from civil, CRIMINAL LAW, defined, PAGE. 9, 10 10 10 10 8 2,8 10 11 11 894 12 when causing, not homicide, DECEASED PERSONS, libel of, entries by, declarations of as to births, deaths, etc., DAYS OF WEEK AND MONTH, judicial notice of, DEAF-MUTE, as witness, DEATH, hearsay evidence of, 12 289 137 762 882 72 136 345, 380 72 122, 124, 126, 127 328 364, 366, 374, 378 136 136 124 of co-conspirators, 901, 905 127 testimony of, DECLARATIONS, competency, when part of res gestæ, of third parties as to res gestæ, previous, consistent with testimony, of deceased person as to birth, etc., adversity of, to deceased or absent declarants, dying. See DYING DECLARATIONS. as to pain, of persons engaged in riot, of third persons in presence of accused, charging jury as to, of accused, effect of arrest on admissibility, of accused-prosecution must use in entirety if at all, contradictory by accused, of accused as evidence of insanity, as to forgery, of accused in exculpation of confederate, DECOY LETTERS, as evidence, DECOYS. See DETECTIVES. DELIBERATION. See COOLING-TIME; HOMICIDE. intoxication as affecting, 500, 501 192, 196 501, 875 500 778 503 669 778 501 85 193, 443 |