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Abduction And Kidnapping
Abduction And Kidnapping. Kidnapping, At The Common Law, Was The Offence Of Taking A Person By Fear Or Force From Their Own Coun Try And Sending Them Into Another. The Idea That The Person Kidnapped Has To Be Transported Beyond His Own Country Has Now Been Dropped, And The Crime ...

Able Doubt
Able Doubt. The Effect Of A Conviction In A Crim Inal Case Is Too Drastic To Permit Of Making Mistakes, And It Is Therefore A Rule Of Law In All Civilized Countries That The Guilt Of The Accused Must Be Established Be Yond A Reasonable Doubt. Which Is Quite Different ...

Accessories Are Either Accessories
Accessories Are Either Accessories Before The Fact Or Accessories After The Fact. Accessories Are Those Who Are Not Present Actually Or Constructively At The Time The Crime Is Committed, But Who Are Concerned In The Crime Before Or After The Fact. The Distinction Between Principals And Accessories Is Important Chiefly ...

Accomplices
Accomplices. Accomplice Is A General Term Involving All Those Who Have Any Legal Status With Reference To The Crime Com Mitted. It Includes Principals In The First Degree, Prin Cipals In The Second Degree, And Accessories Before And After The Fact. No One Is Ever Punished As An Accom Plice ...

Actions Are Either Criminal
Actions Are Either Criminal Or Civil. Actions At Common Law Are Divided Into Two General Classes : I. Criminal, Or Such As Concern Pleas Of The Crown, And 2. Civil, Or Such As Concern Common Pleas. And The Same System Of Pleading Is Applicable To Both Civil And Criminal Cases. ...

Admissions Containing Hearsay
Admissions Containing Hearsay. The Authorities Are In Conflict As To Whether Admissions Containing Hearsay Are To Be Ad Mitted In Evidence Or Not. It Is Said That If An Admis Sion Contains Matter Which Is Stated As A Fact, Such Statement Of The Fact Is Evidence Of The Fact Against ...

Admissions Not Generally Conclusive
Admissions Not Generally Conclusive. The Effect Of An Admission Is Gen Erally Open To Contradiction By Proof. And Admissions Are Only Conclusive Where The Admission Has Been Acted Upon ; And Then Only' Between The Party Making The Admission And The Party Whose Conduct Has Thus Been Influenced. It Is ...

Admissions Of Attorneys
Admissions Of Attorneys. Admissions Made By An Attorney In The Trial Of A Cause To Obviate The Necessity Of Proof Of Facts, Are Binding Upon The Client. An Attorney, In The Trial Of A Cause For A Client, Is The Agent Of The Client With Very Broad Powers. So All ...

Admissions Of Husband And
Admissions Of Husband And Wife. Notwithstanding The Close Relations Of Hus Band And Wife, The Admissions Of The Wife Are Not Binding Upon The Husband Unless An Authority Can Be Shown Or Is Inferred. Neither Will The Admissions Of The Husband Bind The Wife. Where The Wife Usually Tonducts The ...

Adultery
Adultery. Adultery Is Not Treated As A Crime Against The Person, Nor Against The Public Peace, But As A Crime Against Morals. It Was Not A Criminal Offence At The Common Law. Adultery Is Voluntary Sexual Connection Between Persons Of Opposite Sexes, One Of Whom Is Married. It Is Punished ...

Affray
Affray. An Affray Is A Fight By Mu Tual Consent Of Two Or More Persons, In Some Public Place To The Terror Of The People. The Gist Of The Offence Seems To Be The Terror To Others. A Mere Wordy Dis Pute, Without A Blow Struck Or A Weapon Drawn ...

Allegations Of Intent And
Allegations Of Intent And Knowledge How Made. Where Any General Intent Is Essential To The Offence, It May Be Alleged Generally, In The Terms Of The Definition Of The Offence That The Act Was Wilfully, Maliciously Or Done Or Omitted, According To The Description Of The Offence. But Where By ...

Ancient Documents To Be
Ancient Documents To Be Admissible Must Come From Proper Custody. The Chief Limitation Upon The Admissi Bility Of Ancient Documents Is That They Must Come From The Proper Custody. Proper Custody Is A Ques Tion For The Determination Of The Court From The Facts And Circumstances Of The Case. It ...

And How It Should
Meaning Of "inducement" In An Indictment, And How It Should Be Alleged. The Inducement Is That Part Of A Declar Ation Or Indictment Which Contains A Statement Of The Facts Out Of Which The Charge Arises, Or Which Are Necessary Or Usual To Make The Charg-e Intellig-ible. That Is, It ...

And Law Of Defined
Evidence, And Law Of Defined. Evidence In Its Legal Accepta Tion Is Defined To Be The Leg-al Means, Exclusive Of Mere Argument, By Which An Alleged Fact Is Established Or Disproved. The Law Of Evidence Includes All The Rules Or Prin Ciples Created And Existing Under The Common Law, By ...

And May Be Classed
Evidence Is A Branch Of Adjective Law, And May Be Classed As A Part Of The Law Of Procedure. The Subject Of Lay,/ Is Divided Into Two Great Branches, One Of Which Is Designated "substantiative Law," And Has To Do With The Determinination And Definition Of Rights, Duties And Liabilities ...

And May Be Express
The Plea Of Guilty Is A Confession Of The Offence, And May Be Express Or Implied. An Express Plea Of Guilty Is Where The Defendant Confesses In Open Court That He Is Guilty Of The Crime With Which He Is Charged, Which Is The Highest Conviction That Can Be Made. ...

Argumentativeness Is A In
Argumentativeness Is A In An Indictment. .an Indictment \lin Not Be Supported By Connecting Together Its Different Parts, So As To Ekc Out An Essential Allegation Arugumen Tatively And By Inference. The Matter Constituting The Indictment Ought To Be Full, Express, And Certain, And Not Be Maintained By Argument Or ...

Assault And Battery
Assault And Battery. An Assault Is An Attempt To Do Bodily Harm. A Battery Is The Execution Of The Attempt. They Are Spoken Of As Assault And Battery, As Though They Were A Single Offence, But Technically Speaking, There May Be An Assault Without Any Battery, Though Not A Battery ...

Authorities On Criminal Law
Authorities On Criminal Law. Prior To Blackstone's Time There Were Four Great Writers Upon The Subject Of Crimes. One Of Them Was Bracton, Another Was Coke, Another Hale, And Another Hawkins. Bracton's Work Is Of Little Value In Practice Now, Though Frequently Quoted By Black Stone. Coke's Institutes Are Still ...

Bigamy
Bigamy. Bigamy Consists In Having A Plurality Of Wives Or Husbands. At The Common Law The Offence Was Punished In The Ecclesiastical Courts, But It Is Now A Statutory Offence In England As Well As In The Various States In This Country. ...

Bribery
Bribery. Bribery In Law, Is An Of Fence Against Public Justice, And At The Common Law Consisted In The Receiving Of An Undue Reward By A Judge Or Other Officer Concerned With The Administra Tion Of Justice To Influence His Action. Bribery At The Common Law Was But A Misdemeanor. ...

Burden Of Proof On
Burden Of Proof On The Contest Of A Will. Where A Suit Is Brought To Contest A Will, By The Weight Of Authority, The Con Testant Has The Burden Of Proving The Undue Influence Which He Claims Notwithstanding The Fact That The Will To Be Valid, Must Have Been Made ...

Burglary Defined
Burglary Defined. Burglary Is The Breaking And Entering Of The Dwelling-house Of Another In The Night Time, With Intent To Commit A Felony Therein. This Is The Common Law Crime Of Burglary, And Involves : 1. A Breaking. 2. An En Try Of The Dwelling-house Of Another. 3. In The ...

Children As Competent Witnesses
Children As Competent Witnesses. There Is No Precise Age Within Which Children Are Excluded From Testifying On The Presump Tion That They Have Not Sufficient Intelligence. It Fol Lows That Every Child May Be Called To The Witness Stand. At The Age Of Fourteen Every Person Is Pre Sumed To ...

Circumstan Tial Evidence
Circumstan Tial Evidence. Circumstantial Evidence Tends To Prove The Principal Fact, Or Question Is Issue, Not Directly, But Inferentially And Indirectly, By Or Through The Medium Of Other Facts, Which Are Styled Eviden Tiary Facts, The Establishing Of Which By A Process Of Special Inference Tends To Show The Existence ...

Classes Of Witnesses Incom
Classes Of Witnesses Incom Petent At Common Law. At The Early Com Mon Law The Evidence Of The Following Persons Was Rejected: I. Of Parties To The Record. 2. Persons Whose Pecuniary Interest Is Directly Involved, Or Those Having An Interest In The Event Of The Suit. 3. Persons Guilty ...

Classification Of Crimes According
Classification Of Crimes According To Nature Of The Offence. In The Various State Codes, Offences Are Usually Classi Fied According To The Nature Of The Rights Or Subject Matters Affected By The Criminal Act. Thus We Have : 1. Offences Against Sovereignty. 2. Offences Against The Person. 3. Offences Against ...

Common Law Disabilities Abolished
Common Law Disabilities Abolished By Statute. In England, And In The Various American States, The Common Law Disabili Ties Have Been Taken Away Or Greatly Modified By Statute. No Person Is Now Disqualified From Being A Witness Except Where The Common Law Rules Are Still Maintained, By Reason Of Being ...

Common Meaning Of Public
Public Festi Vals, Common Meaning Of All Ordinary Public Fasts And Festivals ; Coinci Dence Of The Days Of The Weeks With The Days Of The Month; And The Meaning Of All Words In The English Language, Or Ordinary Vernacular, Will Be Given Judi Tial Notice By The Courts. But ...

Competent And Incompetent Evidence
Competent And Incompetent Evidence. By Compe Tent Evidence Is Meant That Which Is By The Rules Of Law Fit And Appropriate To Establish The Matter Of Fact In Dispute, Or "that Which The Very Nature Of The Thing To Be Proved Requires." Incompetent Evidence Is Such As Is Not Fit ...

Compounding A Felony
Compounding A Felony. Com Pounding A Felony, Is Also An Offence Against Public Jus Tice. It Is A Forbearing To Prosecute A Felon On Account Of Some Reward Received. At The Common Law Compound Ing A Felony Was A Misdemeanor. The Mere Forbear Ing To Sue Will Not Constitute The ...

Compulsion As
Compulsion As A While It Is A Rule Of Law That To Constitute An Act A Crime, It Must Have Been A Voluntary One ; Yet, Compu/sion Is Generally No Defence. That Is, It Is No De Fence To The Commission Of A Crime, To Show That It Was Committed ...

Conclusions And Presump Tions
Conclusions And Presump Tions Of Law Need Not Be Stated; Facts Within The Knowledge Of The Defendant May Be Stated Generally. In An Indictment It Is Unnecessary, As A General Rule, To State Conclusions Or Presumptions Of Law. And, If It Appear That The Facts Are More Peculiarly Within The ...

Conclusions Regarding The Admission
Conclusions Regarding The Admission Of Non-expert Opinions. The Following General Conclusions As To The Admis Sion Of The Opinions Of Non-expert Witnesses Are Sup Ported By The Weight Of Authority: I. Witnesses Other Than Experts Cannot State A Sup Posed Existing Fact, Whether Involving An Expression Of Opinion Or Not, ...

Confidence In Human Truthfulness
Confidence In Human Truthfulness Necessary In The Of Facts. Evidence Deals With Facts, And The Method Of Proving Facts Is By Wit Nesses. Evidence Has Nothing Whatever To Do With The Law, And Is Concerned Solely With The Facts In The Case; So That Where The Laws Of A Foreign ...

Conspiracy
Conspiracy. Conspiracy Is An Agreement Between Two Or More Persons To Do An Un Lawful Thing, Or To Do A Iawful Thing By Unlawful Means. This Is One Of The Most Difficult Crimes To Prove Known To The Law. ...

Contemporaneous Writings Relating To
Contemporaneous Writings Relating To The Same Matter Are Contemporaneous Writings Relating To The Same Matter As The Written Instrument Are Admis Sible. So Also, It May Be Shown That The Instrument Or Contract Is Incomplete, And Thcn Parol Evidence Is Admissible To Show The Full Extent Of The Contract. ...

Copies Made By Authorized
Copies Made By Authorized Officers. Where The Law Entrusts A Particular Officer With The Making Of Copies, It Gives Credit To Them In Evidence Without Further Proof, Though The Mere Office Copy Of A Person Not So Licensed Would Not Be Admissible. The Matter Is Large Ly Statutory. ...

Counterfeiting Defined And Explained
Counterfeiting Defined And Explained. Counterfeiting Is The Making Of A False Coin In The Similitude Of The Genuine With Intent To Defraud. This Is The Common Law Definition, Which Has Been Enlarged By Modern Statutes To Cover The Making Of False Paper Money. Counterfeiting Is Punished By The United States ...

Credibility And Weight Of
Credibility And Weight Of Evidence For The Jury Competency And Admissibility For The Court. The Credibility And Weight Of Evidence Are For The Jury, Where A Jury Trial Is Had; While The Competency And Admissibility Of The Evidence Are Questions For The Court. It Is Also A Question For The ...

Crime Is Usually Founded
Crime Is Usually Founded Upon An Overt Act. One Of The Distinguish Ing Elements In Deciding Whether A Crime Exists Or Not, Is The Presence Or Absence Of What Is Called An "overt Act." By This Is Simply Meant That The Law Does Not, Perhaps Because It Could Not, Punish ...

Criminal Forcible Entry And
Criminal Forcible Entry And Detainer. Criminal Forcible Entry And De Tainer Is The Crime Of Taking Forcible Possession Of, Or Forcibly Detaining; The Possession Of Lands And Premises Without Right In Breach Of The Public Peace. It Is To Be Distinguished From The Civil Action Of Forcible Entry And Detainer, ...

Criminal Intent
Criminal Intent. The Fourth Condition Of Criminality Is The Criminal Intent Of The Accused. It May Be Stated As A Fundamental And General Principle That To Constitute A Crime There Must Be A Criminal Frame Of Mind. The Criminal Intent May Be Either General Or Particular. As To General Criminal ...

Criminal Libel
Criminal Libel. Criminal Libel Is A Censorious Or Ridiculous Writing, Picture, Or Sign, Made With A Mischievous And Malicious Intent Towards Government, Magistrates, Or Individuals. This Was An Indictable Offence At The Common Law, And Also By Statute In This Country. The Theory Of The Common Law As Regards Criminal ...

Cumulative And Corroborative Evidence
Cumulative And Corroborative Evidence. Cumula Tive Evidence Is Defined As Evidence Of The Same Kind And To The Same Point As That Already Given. Corroborative Evidence Is Additional Evidence Tend Ing To Prove Similar Facts, Or Facts Which Fortify And Substantiate Evidence Already Given. Such Evidence Is Admissible, But In ...

Cumulative Evidence Is Relevant
Cumulative Evidence Is Relevant. By Cumulative Evidence Is Meant Evi Dence Of The Same Kind, To The Same Point. Thus, If The Admission Of A Party Has Already Been Testified To By One Witness, And Another Witness Is Called To The Same Admission, It Is Cumulative Evidence. If, How Ever, ...

Declara Tions Made In
Declara Tions Made In The Course Of Official Duty. It Is A General Rule That Entries, Or Written Declarations Made By A Public Officer Or A Third Per Son In Discharge Of His Duty Or Perhaps In The Ordi Nary Course Of Such Business Are Admissible In Evi Dence Where ...

Declarations Made By Agents
Declarations Made By Agents Copartners Or Conspirators. If It Is Shown By Extrinsic Evidence That A Person Is An Agent, And Acting Within The Scope Of His Agency, His Declaration So Made Will Bind His Principal. The Declarations Of A Co-partner, When Shown By Extrinsic Evidence To Be Within The ...

Definition Of A Crime
Definition Of A Crime. A Crime Is An Act Injurious To The Public, And Forbidden By Law Under Pain Of Punishment. The Prominent Idea Of A Crime Is That It Is An Of Fence Against The Public, And Is Punishable By The State Or Public In Its Own Name. This ...

Degrees Of Murder
Degrees Of Murder. At The Common Law There Were No De Grees In The Crime Of Murder. Every Kind Of Felo Nious Homicide Was Either Murder Or Manslaughter. But Now, By Statute, In The Various States, Murder Is Distinguished As Of The First Or Second Degree, And In Some States ...

Demurrer
Demurrer. The Province Of A Demurrer Is To Object To The Sufficiency Of The In Dictment Or Complaint. It Is An Excuse For Not Plead Ing, And Therefore Is Held To Admit For The Purpose Of The Case All The Facts Well Pleaded In The Indict Ment Demurred To, But ...

Direct Evi Dence
Direct Evi Dence. By Direct Evidence Is Meant That Which Goes Directly To Show The Existence Or Non-existence Of A Matter Of Fact In Issue. Thus, If The Very Facts In Question Are Within The Personal And Actual Knowl Edge Of The Witness, His Testimony In Regard To Them Is ...

Divisions Of Written
Divisions Of Written Written Evidence Is Divided Into Two Gen Eral Classes: 1. Public Writings. 2. Private Writings. Public Writings Are Ag-ain Subdivided As Respects Their Character Into; (a) Judicial; And (b) Non-judi Cial. As Respects Their Mode Of Proof, Public Writings Are Divided Into First, Those Of Record, Second, ...

Document Ary Or Written
Document Ary Or Written Evidence. Documentary Evidence Embraces All Evidence Obtained From Writ Ten Instruments Or Documents, And Includes All Mate Rial Substances On Which Matters Capable Of Being Understood Are Represented, Whether By Writing Or Other Mark Or Symbol. ...

Does The Burden Of
Does The Burden Of Proof Shift? Many Authors And Judges Affirm That The Burden Of Proof May Shift During The Progress Of The Trial From One Side To The Other. Properly And Logically Speaking, The Burden Of Proof Never Shifts, Though The Issues In The Case May So Shape Themselves ...

Dying Declarations As Evi
Dying Declarations As Evi Dence. A Declaration Made In Extremis By A Person Who Has Met Death At The Hands Of Another Is Called A Dying Declaration, And May Be Used Against The Ac Cused If It Is First Shown That The Person Making It Was In Extremis, Or About ...

Effect Of The Act
Effect Of The Act Of Congress On Proof Of The Effect Of The Act Of Congress Above Re Ferred To May Be Said To Be: Z. This Method Is Not Exclusive, That Is, Proof By An Attested Copy Does Not Exclude Any Other Method Of Proof, And The Party May ...

Elements Of Criminal Forcible
Elements Of Criminal Forcible Entry And I. Threatened Injury To Property Is Not Suffi Cient. The Threats Must Include Injury To The Person. So The Force Required Must Be More Than "a Gentle Laying On Of Hands!'" The Owner Of Premises May Recover Them By Lawful Force, And May Retain ...

Elements Of The Crime
Elements Of The Crime Of Adultery. I. In Some Of The States, By Statute, To Constitute Adultery, One Of The Parties Must Be A Married Woman, So That A Married Man Would Not Be Guilty Of The Crime By Having Illicit Relations With A Single Woman. 2. The Offence Of ...

Embezzlement Defined
Embezzlement Defined. Embezzlement Is The Fraudulent Appropriation Of An Other's Property By One Who Is In Lawful Possession, But Who Has Not The Title. It Is A Crime Kindred To Larceny, But Yet To Be Distinguished From It. There Was No Such Crime As Embezzlement By Name At The Common ...

Embracery
Embracery. At The Common Law, Embracery Was The Offence Of Proffering To Jurors Money, Entertainment, Entreaties, Promises, Or Threats, Or Other Improper Inducements, With Intent Corruptly To Influence Their Action. ...

Escape
Escape. Escape Is Another Offence Against Public Justice And Consists In Delivering- One From Lawful Imprisonment, Or Relaxation Of Imprison Ment By A Stranger Or One In Charge Of The Prisoner. This May Be Either A Substantive Or Accessorial Offence. As A Substantive Offence It Is Punished As Rescue, And ...

Essential Elements In Riot
Essential Elements In Riot. R. The Concurrence Of Three Or More Persons Is Required, Otherwise It Would Constitute An Affray, But Not A Riot. The Number Is Sometimes Changed By Statute. In Slavery Times It Was Held That Two Freemen And One Slave Might Make A Riot. If Two Do ...

Essentials Of The Crime
Essentials Of The Crime Of Burglary. I. A Break Ing Is Necessary To Constitute A Burglary. This May Be Accomplished By Lifting A Latch, Turning A Lock, Or Breaking Through Or Lifting Up A Window, All That Is Necessary Is The Use Of Force, And Where Some Force Is Used, ...

Essentials Of The Crime_2
Essentials Of The Crime Of Bigamy. X. The First Marriage Must Have Been Legal, And Must Be Clearly Proved. 2. The Offence Is Punishable Only In The Jurisdiction Where The Second Marriage Is Solemnized, And In The Very County Where The Marriage Is Solemnized. But The Statutes May Provide That ...

Evidence And
Evidence And The Subject Of Criminal Law, Which Includes That Of Criminal Procedure, May Be Divided Into Three Parts, Or Divisions, For Convenience Of Treatment, As Follows : 1. General Principles, Applica Ble To Crimes. 2. Specific Crimes, Common Law And Statutory. 3. Criminal Procedure And Evidence. The First Of ...

Evidence By View Or
Evidence By View Or Inspection. The Jury Are Entitled To Look At The Parties To The Litig-ation, Or The Person Upon Trial, As Bearing Upon The Question Of Age, Identity, Or Personal Strength, And The Like. So Proof By Inspec Tion Is Received In Many Cases In Preference To Any ...

Evidentiary Facts Are Es
Evidentiary Facts Are Es Tablished In A Judicial The Investigation Of Matters Of Fact In A Court Of Law Differs From The Establishment Of Facts As Between Man And Man In The Ordinary Affairs Of Life. The Reason Being That In A Court Of Justice There Must Be More Care ...

Exceptions And Limitations To
Exceptions And Limitations To The Rule Excluding Parol Evi Dence. Notwithstanding The Rule That Parol Evi Dence Is Not Admissible To Alter Or Vary The Terms Of A Written Contract, The Following Things May Be Shown Though A Written Contract Is Declared To Exist : I. It May Be Shown ...

Exceptions To The Rule
Exceptions To The Rule Excluding Hearsay As It Is Impossible And Impracticable That The Witnesses To An Event Should Be Present In All Cases Where The Event Is In Dispute, The Rule Exclud Ing Hearsay Evidence Of Necessity Has Been Honey Combed With Numerous Exceptions, Some Of Which Are Claimed ...

Excusable Homicide
Excusable Homicide. Excus Able Homicide Arises Usually In Cases Where Life Is Taken In Self-defense. It Is Also Called Justifiable Homicide Sometimes, But Technically, Justifiable Homi Cide Is Where A Man Kills Another In The Performance Of His Duty, As An Executioner, And Such Cases Seldom Come Before The Courts. ...

Expert Testimony May Be
Expert Testimony May Be Based Upon Hypothetical Questions. Hypothetical Questions Are Sometimes Used In Order To Obtain Expert Testimony. A Hypothetical Question Is Defined To Be A Question Which Assumes The Existence Of Certain Facts For The Purpose Of Eliciting A Profes Sional Opinion. The Facts Assumed, Must, Of Course, ...

Explain The Declaration Must
The Declaration Must Limit, Explain, Or Characterize The Thing Done, Etc. The Proposition That The Declaration To Be Admissible Must Lhnit, Explain, Or Characterize The Thing Done, Or The Litigated Act To Which It Relates, So As In A Just Sense To Be A Part Of It, And Important To ...

Explanation Of Best Evi
Explanation Of Best Evi Dence Rule. The Rule The Best Evi Dence To Be Produced, Means That The Evidence Must Be Of Such A Character As To Have An Independent Probative Force Of Its Own, And Not Derive Its Force From, Through, Or Under Some Other Fact, As Is The ...

Express Malice And Malice
Malice Is Of Two Kinds, Express Malice And Malice. Malice, In The Law, Is Of Two Kinds. 1. Express Malice. 2. Implied Malice. There Is Also A Statutory Malice, Or Malice Aforethought, Which May Be Regarded As A Third Kind Of Malice. 1. Express Malice Is Such As Is Expressed ...

Extent To Which The
Extent To Which The May Interpret The Heard By Him. The Question Arises As To How Far The Witness May Go In Interpreting The Declarations Which He Heard ? Thus It May Be De Sired To Ask The Witness What An Outcry Heard At A Certain Hour Of The Night ...

Felonious Homicide
Felonious Homicide. Felo Nious Hotnicide Is The Unlawful Killing Of A Human Be Ing, And Includes Murder, Manslaughter And Suicide. There Are Several Fundamental Propositions Which Apply To All Kinds Of Felonious Homicide. 1. The First Of These Propositions Is, That Assum Ing All The Conditions Of Criminality Already Consid ...

Fense
Fense. At The Common Law Crimes Are Classified Ac Cording To The Grade Of The Offence, Into Treason, Felony And 11 Iisdenzeapor. At The Common Law, Treason Was Not Distinctively Defined. Parliament From Time To Time Enumerated Acts To Be Known As Treason, And Made Such Acts Punish Able By ...

Forgery Defined
Forgery Defined. Forgery Is The Fraudulent Making Or Altering Of A Writing To The Prejudice Of Another's Rights. ...

General Reputation
General Reputation. Evi Dence Of General Reputation, When Admissible, Is Con Sidered As Original Evidence, Or As An Exception To The Hearsay Rule, Though It Is Composed Of The State Ments Of Third Persons Not Under Oath. General Reputation Is What The General Public Say About A Person In The ...

General Rule Hear Say
General Rule Hear Say Evidence Is Totally Reasons. As A General Rule Hearsay Evi Dence Is Totally Inadmissible, But There Are Numerous Hereafter Noted. The Chief Reasons For Holding Hear Say Evidence Inadmissible Are : I. The Party Against Whom Such Evidence Is Offered Has No Opportunity Of Cross-examining ...

General Rule That Parol
General Rule That Parol Or Oral Evidence Is To Contradict Or Vary The Terms Of A Written Instrument. It Is A General Rule, With Certain Exceptions Or Limitations, That Parol, Contemporaneous Evidence Is Not Admis Sible To Contradict Or Vary The Terms Of A Valid Written Instrument Of A Solemn ...

Ground Of Admissibility Of
Ground Of Admissibility Of Declarations Against Interest. The Ground Of Admissibility Of This Class Of Declarations Is On The Extreme Improbability Of Their Falsehood. This Makes The Fact That Such Declarations Are Against In Terest Of Prime Importance. The Accuracy And Com Pleteness Of Judicial Evidence Is Supplied By The ...

Ground Of The Rule
Ground Of The Rule Admit Ting Declarations A Part Of The Res Gestae. Passing For The Present The Other Proposi Tions Controlling The Admissibility Of Declarations A Part Of The Res G-estae, Which May Be Explained Under The Cases Illustrating The Subject, It May Be Said That The Ground For ...

Grounds Of Admission Of
Grounds Of Admission Of These Declarations. The Grounds Of Ad Mission Of Declarations A-s To Public Or General Interest Are : 1. The Necessity Of The Case. 2. The Fact That The Universality And Notoriety Of The Interests Concerned, Remove The Temptation And The Ability To Misrepresent, Which Would Arise ...

Grounds Upon Which As
Grounds Upon Which As To Pedigree Are Admitted. The Principle, Or Grounds Upon Which Such Declara Tions Are Admitted Are Stated By Greenleaf To Be, The Interest Of The Declarant In The Person From Whom The Descent Is Made Out, And From Consequent Interest In Knowing- The Connections Of The ...

Hearsay Evidence
Hearsay Evidence Hearsay Evidence Is That Kind Of Evi Dence Or Testimony From A Witness In A Legal Proceed Ing, Which Depends Solely Or In Part For Its Truth Or Falsity In The First Instance, Upon The Statement Of Some Other Person Than The Witness, And Having In And Of ...

How A Criminal Action
How A Criminal Action Is Commenced. An Accused Person Must Be Put On Trial On Some Regular And Established Form Of Accusa Tion. What That Must Be Depends Upon The Local Law. In Many Of The States There Must Be An Indictment By A Grand Jury, While In Others An ...

How Far Declarations Against
How Far Declarations Against Interest May Include Col Lateral Matters. A Declaration Against In Terest Is Evidence Of Collateral Matters Therein Stated, Thoug,h Such Collateral Matter Be Not Against The Inter Est Of The Declarant, Provided, That Such Collateral Mat Ters Are So Connected With The Declaration That They May ...

How Language Used In
How Language Used In An Instrument Is To Be Understood. The Language Used In A Written Instrument And The Terms Therein Contained Are To Be Understood In Their Plain, Ordinary And Popular Sense, Unless : I. The Terms Or Language Used Have Generally, In Respect To The Sub Ject Matter, ...

Identification Of The Accused
Identification Of The Accused. It Is Held In Reference To The Identification Of The Accused By Peculiar Marks Or Otherwise : 1. That The Accused Cannot Be Required To Exhibit Himself For Purposes Of Identification In Any Unusual Way. This Follows From The Rule Protecting The Ac Cused From Giving ...

Implied Admissions
Implied Admissions. The Form Of An Admission Is Largely Immaterial As Regards Its Competency ; They May Be Express, As In Words Or Writing; Or Be Implied From Assumed Character, Acts Or Conduct, And Even From Silent Acquiescence Where There Is A Duty- To Speak. Thus Where Any Domestic Or ...

Indictment Charging A Party
Indictment Charging A Party Disjunctively Is Void. When An Allegation Of Fact In An Indictment Is Alleged Disjunc Tively Or Alternatively It Is Void, As No Specific Charge Is Made. Thus If An Indictment State That The De Fendant "murdered Or Caused To Be Murdered," These Are Two Distinct Crimes, ...

Indictment Defined And Explained
Indictment Defined And Explained. An Indictment Is A Written Accusa Tion At The Suit Of The Government, Found And Presented On Oath By A Grand Jury Duly Constituted And Sworn, Charging One Or More Persons With The Commission Of A Crime. The Essentials Of A Good Indictment Are Described In ...

Ingredients Of False Pretenses
Ingredients Of False Pretenses At Common Law. The Common Law Ingredients Of False Pretenses Are: 1. There Must Be A False Representation Of A Past Or Existing Fact. As A Pretense Which Is True, Is Not Criminal, Even Though The Accused Thought It To Be False. A False Expression Of ...

Ingredients Of The Crime
Ingredients Of The Crime Of Perjury. I. There Must Be A Lawful Oath Or Affirmation, And This Oath Or Affirma Tion Must Be Before A Competent Officer, And In Due Form Of Law.. An Oath Is A Declaration Of Fact Made On An Appeal To The Supreme Being For Its ...

Insanity As A Defence
Insanity As A Defence. Another Of The Conditions Of Criminality Is The Posses Sion Of Sufficient Mental Capacity. This Leads To A Dis Cussion Of Insanity As A Defence For The Commission Of A Criminal Act. 'while There Are Various Forms Of Insanity, And These Are Defined And Explained, It ...

Intoxication Or Drunken Ness
Intoxication Or Drunken Ness As A Defence. As A General Rule, Volun Tary Intoxication, Though Producing Even Temporary Madness, Is Not To Be Regarded As An Excuse For A Crim Inal Act. And It Was Held In Some Cases, That Drunk Enness Was Not Only A Defence To A Criminal ...

Judicial Evidence
Judicial Evidence. Judicial Evidence Which Is Privileged Includes Evidence By Juclg,es, Grand Jurors, Petit Jurors, And In Some Cases Arbitrators With Whom Matters Have Been Left For Arbitration. The Deliberations Of A Grand Jury Are Secret And G,enerally Cannot Be Testified To In Another Hearing. This Extends Not Only To ...