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Cases on the Law of Evidence: Selected from Decisions of English and ...
Edward W. Hinton
No preview available - 2017
action admissible admitted affirmed alleged allowed answer appears applied asked authority bill brought called cause character charge circumstances claimed common competent confession considered convicted counsel course court crime criminal cross-examination death deceased decision declarations defendant defendant's dence direct doubt effect entries error establish evidence examination exceptions excluded existence fact give given ground guilty hand held husband interest issue judge judgment jury Justice knowledge letter Lord Mass matter means nature necessary oath objection offered opinion opinion omitted particular party permitted person plaintiff plea practice present principle prisoner produced proof properly prove question reason received record reference refused relation reputation rule statement statute sufficient Supreme Court taken tending term testator testify testimony tion transaction trial true truth United verdict wife witness
Page 804 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 73 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 475 - 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 the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 294 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 132 - The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed ; and no person shall be denied any civil or political right, privilege or capacity on account of his religious opinions ; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State.
Page 266 - to entitle a party called as a witness to the privilege of silence, the court must see, from the circumstances of the case and the nature of the evidence which the witness is called to give, that there is reasonable ground to apprehend danger to the witness from his being compelled to answer...
Page 173 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person.
Page 103 - All ordinances of the city may be proven by the seal of the corporation, and when printed or published in book or pamphlet form, purporting to be printed or published by authority of the corporation, the same shall be received in evidence in all courts or places without further proof.
Page 806 - ... of inquiry is such, that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it, without such assistance ; in other words, when it so far partakes of the nature of a science, as to require a course of previous habit or study, in order to the attainment of a knowledge of it...