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" The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood... "
The South Western Reporter - Page 199
1903
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The Practice of the Law of Evidence

Edmund Powell - Evidence - 1856 - 427 pages
...what the party has said, but that by unintentionally altering a few of the expressions really used, he gives an effect to the statement completely at variance with what the party really did say." * A confession before magistrates must be proved at trial by the depositions, unless...
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A Selection of Leading Cases in Criminal Law: With Notes, Volume 2

Edmund Hatch Bennett, Franklin Fiske Heard - Criminal law - 1857
...what the party has said, but that by unintentionally altering a few of the expressions really used, he gives an effect to the statement, completely at variance with what the party really did say. 5 Carrington & Payne, 542, note to the case of Earle v. Picken. In Crossficld's trial...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - Evidence (Law) - 1858 - 1675 pages
...used. It also sometimes happens, that the witness, by unintentionally altering a few words, will give an effect to the statement completely at variance with what the party actually said/ But where the admission is deliberately made, and precisely identified, the evidence it affords...
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The Law of Evidence: Applicable to the Courts of the East India Company ...

John Bruce Norton - 1859
...misinformed, or he may not have clearly expressed his meaning, or the witness may have misunderstood him. It frequently happens, also, that the witness,...unintentionally altering a few of the expressions really uaed, gives an effect to the statement completely at variance with what the party actually said. But...
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History of the Oberlin-Wellington Rescue

Fugitive slave law of 1850 - 1859 - 280 pages
...being misinformed, or not having clearly expressed his own moaning, in the witness having misunderstood him. It frequently happens also that the witness by unintentionally altering a few expressions really used, gives an effect to the statement completely at variance with what the party...
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HISTORY OF THE OBERLIN-WELLINGTON RESCUE.

JACOB R. SHIPHERD - 1859
...being misinformed, or not having clearly expressed his own meaning, in the witness having misunderstood him. It frequently happens also that the witness by unintentionally altering a few expressions really used, gives an effect to the statement completely at variance with what the party...
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The Principles and Practice of the Law of Evidence

Edmund Powell - Evidence (Law) - 1859 - 475 pages
...what the party has said, but that by unintentionally altering a few of the expressions really used, he gives an effect to the statement completely at variance with what the party really did say."3 A confession before magistrates must be proved at trial by the depositions, unless...
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Trial of Charles M. Jefferds for Murder, at New York, December 1861

Charles M. Jefferds, Charles Edwin Wilbour - Electronic book - 1862 - 234 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...at variance with what the party actually did say. But where the admission is deliberate]}' made, and precisely identified, the evidence it affords is...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - Evidence - 1862 - 658 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens also that the witness,...at variance with what the party actually did say. But where the admission is deliberately made, and precisely identified, the evidence it affords, is...
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A Treatise on the Law of Evidence in Scotland, Volume 2

William Gillespie Dickson - Evidence - 1864 - 1268 pages
...what the party has said, but that by unintentionally altering a few of the expressions really used, he gives an effect to the statement completely at variance with what the party really did say" (c). A portion only of the statement may have been heard, and important qualifications...
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