DELIRIUM TREMENS. See INTOXICATION. DEMONSTRATIVE EVIDENCE, by exhibition of material objects, compulsory production of, by accused, DEPOSITIONS IN CRIMINAL CASES, chap. XXXIII., right to use, statutory, right to cross-examination, New York statute, English rule, of a prisoner, weight and credibility of, PAGE 63 694 379, et seq. 378, 396 379, 381, 382, 384 381, 394 389 394 380 396 896 12 when read excludes oral testimony of witness, DEPUTIES, judicial notice of not taken, DETECTIVES, testimony of, participation in offenses by, DIRECTION OF VERDICT, of assailant in relation to self-defense, DOCUMENTARY EVIDENCE, chap. VI., 197, 522 524, 526 199, 229, 233, 238, 239- 816, 825, 827, 831, 832 587, 602, 608- for extradition, DOCUMENTS, preliminary inspection of, notice to produce, effect of refusal to produce, 933 45 45 46. DYING DECLARATIONS, chap. XLII., infirmities of, as evidence, of victim of homicide alone admissible, declarant's belief in future punishment, in favor of accused, impeaching declarant, of opinions, narratives of past occurrences, what may be proved by, as to abortion, EDITORS, limitation respecting libel, ELECTION, between counts of indictment, EMBEZZLEMENT. EMBEZZLEMENT, ROBBERY AND BURGLARY, chap. LIII., defined, distinguished from larceny, proof of, under indictment for larceny, evidence of other fraudulent acts, by agent, proof of, ENORMITY, of crime, as affecting proof of, ENTRIES, what are original, by persons since deceased, ENVELOPE, included in term "letter," EPILEPSY, as evidence of insanity, EVIDENCE, object of, different effect of, in civil and criminal cases, judicial and extra-judicial, distinguished from proof, distinguished from testimony, test of credibility of, difference between criminal and civil, definition and classification of, in California Code, conclusive, of deceased witness on former trial, of insane witness on former trial, documentary. See DOCUMENTARY EVIDENCE. effect of enormity of crime on, fabrication and suppression of, hearsay. See HEARSAY EVIDENCE. PAGE. 535 529 et seq. 532 530, 534, 536, 540 528 539 537 538 536 538 533, 534, 536, 538 530 896 401 742 et seq. 742 742 740 743 743 8 97 72, 97, 102, 104 79 637 1 7 3 3 3, 4 4 5 1, 2, 8, 133 5-7 224 35 345-356 353 8 29, 219, 220, 221 256, 412 74 EXAMINATION. See COMPULSORY EXAMINATION. EXCEPTIONS, record must show, to evidence must be specific, necessary to review refusal to grant bill of particulars, to rejection of offer of proof, not strictly required in criminal cases, to evidence, when to be taken, waiver of, to error does not compel reversal, EXCISE LICENSE, burden of proof, EXCLAMATIONS, as res gestæ, EXCLUSION OF WITNESSES, effect of violation of order, EXPERT AND OPINION TESTIMONY, refreshing memory, non.expert opinions, sanity, intoxication, physical condition, as to blood stains, as to identity, 124 71 100, 144 142 28, 142 142 142 769 481 769 920 et seq. 920 921, 928, 946 920, 924, 940 929 929, 934 930 931 932 932, 934 933 935 939 941 945 reading from medical treatise to contradict, EXTRADITION, INTERSTATE RENDITION AND INTERNATIONAL, chap. LXVI., defined, New York statutes and rules, Federal statute, international, interstate, constitutional provisions, warrant for arrest, mode of capture of prisoner immaterial, rights of party proceeded against, exemption from civil process in demanding state, conduct of proceedings, authentication of documentary evidence, trial for offense other than extradited upon, for what offense extraditable, evidence to authorize arrest, habeas corpus to test, whether misleading, question of fact, FAMILY LIKENESS, as evidence of parentage and identity, FEES, when witness entitled to expenses, FELONY, not synonymous with crime, indictment for, FLIGHT, presumption from, FOOTPRINTS, compulsory comparison with feet of accused, FORGERY, chap. LV., 711 481, 860 267 10 405 defined, New York statute, proof of intent to defraud, what is making a false document, what is uttering forged instrument, burden of proof, declarations of accused, evidence of other forgeries, evidence of handwriting. of bills, notes, etc., proof of, unauthorized filling in of check or draft, 29 772 et seq. 772 784 774 774 776 779 778 779 780 780 777 152, 153 FORGERY, continued. relation of uttering forged instrument to, circumstantial evidence sufficient, FORMER JEOPARDY OR CONVICTION, EVIDENCE OF, chap. XLVI., what is, necessity of pleading, waiver of plea of, PAGE. 776 784 612 et seq. 612, 616 616 615 613 615 how pleaded, burden of proof of, how determined, in civil courts as plea in courts-martial, GEOGRAPHICAL FACTS, judicial notice of, control of court over, minutes of, evidence before, irregular organization of, powers and duty, what evidence adduced before, 614, 615 614, 615 919 77 12, 13 539 235 399 399 399 256, 412 204, 254 411 256 HABEAS CORPUS, to procure attendance of witness, to test detention un ler warrant of extradition, HABIT, a question of fact, HANDWRITING, PROOF OF, chap. XI., proof by comparison, on issue of forgery, See DYING DECLARATIONS. HIGH CRIMES AND MISDEMEANORS, defined, 274 946 142 109 et seq. 780 780 82 133 et seq. 135 137 11 |