 | Law - 1843 - 506 pages
...principles, which may be treated under four general heads or rules. The first of these is, that the evidence must correspond with the allegations, and be confined to the point in issue. The second is, that it is sufficient, if the substance only of the issue be proved. The third is, that... | |
 | International law - 1846 - 520 pages
...than a particular application of a fundamental doctrine of the law of evidence, namely, that the proof must correspond with the allegations, and be confined to the point in issue. The issue in treason is, whether the prisoner committed that crime, by doing one or more of the treasonable... | |
 | International law - 1846 - 518 pages
...than a particular application of a fundamental doctrine of the law of evidence, namely, that the proof must correspond with the allegations, and be confined to the point in issue. The issue in treason is, whether the prisoner committed that crime, by doing one or more of the treasonable... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 756 pages
...than a particular application of a fundamental doctrine of the law of evidence, namely, that the proof must correspond with the allegations, and be confined to the point in issue (*). The issue in treason is, whether the prisoner committed that crime by doing one or more of the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1920 - 788 pages
...credibility of the respondent. In Tiffany's Criminal Law (4th Ed.), p. 529, it is said: "Another general rule is, that the evidence offered must correspond with...allegations, and be confined to the point in issue. This rule supposes the allegations to be material and necessary. Surplusage, therefore, need not be... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1913 - 804 pages
...evidence to the jury is governed by certain principles. * * * The first of these is, that the evidence must correspond with the allegations, and be confined to the point in issue." "It is not necessary, however," he says (section 51a), "that the evidence should bear directly upon... | |
 | Vermont. Supreme Court - 1853 - 732 pages
...plaintiff. Insisted that the first and well established rule, governing in the production of evidence, is that the " evidence offered must correspond with...allegations, and be confined to the point in issue." That this excludes collateral facts, for the reason that such evidence multiplies issues, hence tends... | |
 | Tennessee. Supreme Court, William Gordon Swan - Law reports, digests, etc - 1854 - 756 pages
...fundamental principles governing the introduction of evidence to the jury; that is, that the evidence must correspond with the allegations, and be confined to the point in issue. This rule of evidence, in itself, as important as it is universal, excludes all evidence of collateral... | |
 | Osmon Cleander Baker - 1855 - 272 pages
...tribunal as before a civil. Some of these principles are the following: — 2. First. The evidence must correspond with the allegations, and be confined to the point in issue. It is supposed that nothing will be expressed in the bill of charges which is immaterial ; and hence... | |
 | Edmund Powell - Evidence - 1856 - 456 pages
...distinction, that the sense and wariness of an able judge especially appear. The rule is that : — LII. The evidence offered must correspond with the allegations, and be confined to the points in issue.1 It is a fundamental principle that no credible presumption as to the conduct, intention,... | |
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... the evidence offered must correspond with the allegations and be confined to the point in issue. 
