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Jurisdiction Of State Or
Jurisdiction Of State Or Nation Over Crimes. Crime, In Its Larger Sense, Is Considered As An Offence Against The Sov Ereignty Of The State, And The State Only Assumes To Punish Such Offences As Are Committed Within Its Juris Diction. In Fact No Nation Has The Power Of Insisting Upon ...

Justifiable Homicide
Justifiable Homicide. Justifiable Homicide Is Where One Takes Life In The Execution Of Some Duty, As Where A Judge Pronounces A Sentence Of Death Upon A Convict, Or An Officer Executes A Death Warrant. This Kind Of Homicide Is Not Always Distinguished From Excusable, Where The Act Is Done In ...

Kinds Of Witnesses
Kinds Of Witnesses. Witnesses Are The Instruments Through Whom Or By Means Of Which Evidence Is Offered To The Officer, Magistrate Or Tribunal Considering A Question Of Fact. In Its Com Prehensive Sense, The Word Witness Includes All The Methods Of Offering Evidence. In This Sense Witnesses Are Of Three ...

Larceny
Larceny. One Of The Most Com Mon Offences Against Property Is Larceny. There Are Several Kinds Of Larceny At The Common Law, As Petit Larceny, Grand Larceny, And Compound Larceny. Petit Larceny, Was The Stealing Of A Small Amount, As A Few Shillings In Value; Grand Larceny Involved The Stealing ...

Laws Of Na Tions
Laws Of Na Tions And Treaties. The Courts Will Take Judicial Notice Of The Laws Of Nations ; The General Usages And Customs Of Merchants ; Treaties Made By The United States With Foreign Governments ; The Pub Lic Acts And Proclamations Of These Governments ; And The Public Acts ...

Laws Of The States
Laws Of The States. The Courts Of The United States Will Also Take Judicial Notice Of The Laws Of The Several States Applicable To The Case Pending Before Them. The Courts Will Also Take Judicial Notice Of The Rivers And Lakes Of The United States Which Are Navigable, And Of ...

Laying A Foundation
Laying A Foundation. There Must Be Certain Reasons Given And Certain Things Done In Order To Bring In Secondary Evidence ; This Is Called "laying A Founda Tion" For The Introduction Of Secondary Evidence. Un Der This Head The Following Things Are Required : 1. Proof Of The Existence Of ...

Leading Cases Illustrative Of
Leading Cases Illustrative Of The Extent And Limitations Of The Admissibility Of Declarations As Part Of The Res Gestae. An Examination Of Some Of The Leading Cases May Best Explain The Extent And Limitations Of The Admissibility Of Declarations As Part Of The Res Gestae. In The Case Of Queen ...

Limitations Upon The Of
Limitations Upon The Of Declarations Concerning Pedigree. The Usual Limitations Upon The Admis Sion Of Such Declarations Are : 1. The Declarant Must Be Dead. 2. The Declarant Must Be A Legal Relative By Blood Or Marriage. 3. There Must Be No Ulterior Motive Or Desire Actuating The Declarant To ...

Malice As An Essential
Malice As An Essential Condition To Crime. When Malice Is A Pre Liminary Condition To The Existence Of Crime It Must Be Shown To Have Existed. But There May Be Criminal In Tent Without Malice. Thus Manslaughter Is A Wrongful Taking Of The Life Of Another Without Malice. Many Offences ...

Malicious Mischief Defined
Malicious Mischief Defined. Malicious Mischief Is A Malicious Injury To The Prop Erty Of Another. It Is A Common Offence, But Frequently Escapes Punishment. At The Common Law This Offence Was Punished As A Misdemeanor If It Was Done In The Night Time Or Involved Cruelty To Animals. The Statu ...

Manslaugh Ter
Manslaugh Ter. Every Unlawful Killing Of A Human Being Is Either Murder Or Manslaughter. They Are Distinguish Able By The Ingredient Of Malice. Manslaughter Being Unlawful Homicide Without Malice. Manslaughter, By Statute, Is Also Divided Into De Grees, But These Are Not Of Great Importance To The Consideration Of The ...

Market Value
Market Value. The Same Prin Ciple Which We Have Been Discussing In The Last Sec Tion Applies As To The Proof Of Market Values. Any Person Who Knows What The Market Value Of A Thing Is, May Testify On That Point, Though He Does Not Deal With The Article In ...

Meaning Of A Competent
Meaning Of A Competent Witness. A Competent Witness Is One Who Is Quali Fied By The Rules Of Law To Give Evidence. A Witness Is Always Presumed To Be Competent When Called To Tes Tify. If It Is Claimed He Is Incompetent For Any Reason, This Question Must Be Investigated ...

Meaning Of A Fact
Meaning Of A Fact. The Word "fact," Though Commonly Used, And Apparently Sim Ple, Is Rather An Elusive One When It Is Sought To Be Defined. It Is Said To Be "an Event, Occurrence, Cir Cumstance, Or Mental State." A Fact In The Abstract May Be Defined As "an Actual ...

Meaning Of Ancient
Meaning Of Ancient Ancient Documents Are Documents Which Are Over Thirty Years Old. They Include, Deeds, Leases, Powers Of Attorney, Wills, Bonds, Receipts, Letters, And The Like. The Thirty Years Which Makes The Docu Ment Ancient Is Computed From The Time The Document Is Executed ; Except That In Some ...

Meaning Of Burden Of
Meaning Of Burden Of Proof. The Words "burden Of Proof" Are Sometimes Used Erroneously To Signify The Burden Of Introducing Evi Dence. It May Be Defined To Be The Burden Placed Upon The Plaintiff Of Establishing Every Point Essential To Maintain His Cause Of Action ; And On The Part ...

Meaning Of Dying
Meaning Of Dying Dying Declarations Are Explained To Be State Ments Made By A Person Since Deceased, And Made While Under The Conviction Of Impending Death, Per Taining To The Cause, Material Facts And Circumstances Of The Injury From Which The Declarant Fears Death, And Does Die. They Usually Constitute ...

Meaning Of Judicial Notice
Meaning Of Judicial Notice. The Facts In The Case Are The Subjects Of Proof, But If They Are Such As The Court Will Take Judicial Notice Of, They Need Not Be Proved. Judicial Notice, Therefore, Means, That For The Purposes Of The Case The Court Ac Cepts As True Certain ...

Meaning Of Pedigree
Meaning Of Pedigree. The Word "pedigree" Is Used In A Comprehensive Sense. It Embraces Not Only The Question Of Descent, But Also The Question Of Relationship, Which Is Closely Allied There To ; And Also The Facts Of The Birth, Marriage And Death, And The Times Of These Events, Either ...

Meaning Of Principal Fact
Meaning Of "principal Fact" And "evidentiary Fact." The Fact Sought To Be Proved Is Called The "principal Fact," And The Facts Which Tend To Establish The Principal Fact Are Termed "evidentiary Facts." Evidentiary Facts Are Explained To Mean Facts Affording Evidence Or Proof Of A Fact Having An Independent Probative ...

Meaning Of The Term
Meaning Of The Term Res Gestae. The Word "res" Literally Means "a Thing," And "gestae" Is From The Latin Word Meaning To Hap Pen, Take Place, Or To Be Done. Hence, "res Gestae" Means Things Done, Whether Acts Or Exploits. As A Legal Phrase In The Law Of Evidence It ...

Meaning Of The Term_2
Meaning Of The Term "rele Vant." The Word "relevant" As Applied To Testi Mony Means That It Directly Touches Upon The Issue Which The Parties Have Made By Their Pleadings, So As To Assist In Ascertaining The Truth In Regard To It. To Be Relevant, However, It Is Not Necessary ...

Measures Weights
Weights, Measures, Coins. The Courts Will Take Judicial Notice Of The Weights And Measures, And Coin, And The General Character Of The Circulating Me Dium, And The Public Language Referring To It ; But Not Of The Current Values Of Silver And Gold At Any Particu Lar Time, This Must ...

Method Of Proving A
Method Of Proving A Judg Ment. A Judgment May Be Proved In The Following Ways : 1. By The Mere Production Of It, If Such Production Can Be Secured. It Can Always Be Secured, Of Course, Where The Suit In Which It Is Sought To Be Introduced Is Before The ...

Mitigating Circumstances In Felonious
Mitigating Circumstances In Felonious Homicide Which May Reduce The Crime From Murder To Manslaughter. Among The Mitigating Circumstances Which Will Show That The Offence Is To Be Classed As Manslaughter Rather Than Murder, May Be Mentioned The Following: 1. An Adequate Provocation Reduces The Crime From Murder To Manslaughter. The ...

Mode Of At Testation
Mode Of At Testation. The Judge Must Certify That The At Testation Is Made In Due Form ; That Is, The Attestation Of The Copy Must Be According To The Form Used In The State From Which The Record Comes. It Must Be The Certificate Of The Judge Of The ...

Motion To Quash The
Motion To Quash The When It May Be Made. A Motion To Quash Should Be Made Where An Indictment Is So Defective On The Face Of It That No Judgment Could Be Given Upon A Conviction. The Motion Is Addressed To The Discretion Of The Court, And When Well Taken ...

Murder In The First
Murder In The First And Second Degree Distinguished. Murder In The First Degree Is That Form Of Felonious Homicide Perpetrated By Means Of Poison Or Lying In Wait, Or By Any Other Kind Of Wilful, Deliberate Or Premeditated Act, Or Committed In The Perpetration, Or The Attempt To Perpetrate Any ...

Murder
Murder. Murder Is Not Easily Defined, And Is Governed Largely By The Statutes In Each State. Even At The Common Law It Was Not Easily Defined. The Statutes Govern Ing Murder To-day, Are A Distinct Growth, And The Ele Ments Of The Crime Are More Elaborate Than At Com Mon ...

Necessity Of Criminal
Necessity Of Criminal An Action Is As Necessary To Punish Crime As To Recover A Judgment In A Civil Suit. By Ma,g-na Charta It Was Declared That No Person Shall Be Taken Or Imprisoned But By The Lawful Judgment Of His Peers, Or The Law Of The Land, And This ...

Notaries Foreign Ad Miralty
Foreign Ad Miralty Courts, Notaries. The Courts Will Take Judicial Notice Of Foreign Admiralty And Maritime Courts ; Notaries Public ; And Their Re Spective Seals. A Notary Public Is An Officer Recog Nized As Such For Commercial Purposes By Interna Tional Law. Thus In The Protests Of Foreign Bills ...

Obtaining Money Or Prop
Obtaining Money Or Prop Erty Under False Pretenses. The Of Fence Of False Pretenses Is Clearly Allied To Fraud, But There Can Be Fraud Without False Pretenses; Though Not False Pretenses Without Fraud. This Is A Statutory Offence. At The Common Law There Were "cheats By False Tokens," But A ...

Offences Against Prop Erty
Offences Against Prop Erty Arson. The First Of The Offences Against Property To Be Considered—arson—is Also An Offence Against The Habitation, And Involves An Offence Against Human Life. Arson Is The Malicious Burning Of The Dwelling House Of Another By Night Or By Day. At The Common Law It Was ...

Offences Against The Person
Offences Against The Person Homicide. The First And Highest Of Fence Against The Person, Is Homicide. By Which Is Meant The Taking The Life Of A Human Being, Whether Lawful Or Unlawful. There Are Three Kinds Of Homicide, Or Man-killing: 1. Felonious Homicide. 2. Excusable Homicide. 3. Justifiable Homicide. ...

Offences Against
Offences Against Under Offences Against Sovereignty We Shall Consider Treason, Misprision Of Treason, And Sedition. Treason. This Is The Highest Crime Known To Law. It Involves A Criminal Renunciation Of Allegiance To The Sovereig,n Power, And Is Quite A Difficult Offence To Ac Curately Define. At The Common Law Treason ...

Opinion Evidence
Opinion Evidence. Under The Division Or Heading, What Sort Or Kind Of Evidence May Be Given Of A Fact We Will Consider Opinion Evidence, Which May Be Classed As Of Two Kinds: 1. Opinions From Non-experts. 2. Opinions From Experts. As A Rule A Witness Is Required To Speak Only ...

Opinions From Experts
Opinions From Experts. An Expert Is A Person Instructed By A Specially Acquired Knowledge Or Experience With Regard To Subjects Pre Sumably Not Within The Knowledge Of An Ordinary Man. But It Is Not Necessary That An Expert Have Any Experi Ence, As He May Acquire His Knowledge From The ...

Opinions From Non Experts
Opinions From Non-experts. The Object Of Evidence Is To Bring Before The Court Facts To Which It Can Apply Legal Principles. There Fore, Non-professional Witnesses Are Not Ordinarily Permitted To State Inferences Or Conclusions, Or To Ex Press Their Opinions. The Difficult Question To Deter Mine Is, When Is The ...

Or A Part Of
Declarations Relating To, Or A Part Of The Res Gestae Are When. Detlarations, Which Accompany And Are A Part Of The Fact Or Matter In Controversy And Tend To Illustrate Or Explain It, Such Transaction Being Itself Admissible, Are Also Admissible As Being So Con Nected With The Transaction As ...

Order And Time Of
Order And Time Of Plead Ing. When Brought To The Bar And Arraigned, The Prisoner Either Confesses The Charge, Stands Mute Of Malice, Or Does Not Answer Directly To The Charge, Which, By Statutory Enactment, May Be Entered As A Plea Of Not Guilty ; Or Pleads To The Jurisdiction ...

Other Declarations Which Are
Other Declarations Which Are Classed As Declarations A Part Of The Res Gest/e. There Are A Number Of Declarations Which May Be Said To Fall Under The Head Of Declarations Which Are A Part Of The Res Gestx. These Are: 1. Declarations Affecting Boundaries, Possession And Title. 2. Declarations Made ...

Parol And Extrinsic Evidence
Parol And Extrinsic Evidence. By Parol Evidence Is Meant Oral Evidence, Produced By Spoken Words From The Witnesses. It Also Is Used To Designate Evidence That Need Not Be In Writing, Whether It Is Or Not, In Which Sense It Is Synonymous With Extrinsic Evidence, Mean Ing, Evidence Independent And ...

Parol Evidence Is Admissi
Parol Evidence Is Admissi Ble To Explain A Receipt, The Rule Ex Cluding Parol Evidence Does Not Apply To A Receipt. A Receipt May Be Qualified Or Explained As By Showing That There Was A Mistake In It. So Parol Evidence Is Ad Missible To Show A Mistake In A ...

Parol Evidence Is To
Parol Evidence Is To Rebut An Eouity. Parol Evi Dence Is Admissible To Rebut An Equity, Of A Presumption Resulting- From The Nature Of An Act, By Showing The Intention To Have Been Otherwise. Thus, Where Two Legacies Of Exactly The Same Amount Are Left To One Person, The Presumption ...

Partial
Partial The Difficult Questions Presented To The Courts For Decision Where Insanity Is Offered As A De Fence, Involves The Question Of Partial Insanity. Which Is A Qualified Derangement Of Mind, Or Partial Derange Ment, Not Including A Total Lack Of Intelligence Or Re Sponsibility. It Often Appears Before The ...

Parties To Crime In
Parties To Crime In Gen Eral. There May Be More Than One Person Engaged In The Commission Of A Crime Or Unlawful Act, And Under This Head Will Be Discussed The Relation Which Such Parties Bear To Each Other, And How They Are Clas Sified In Law. Also The Distinction ...

Perjury Defined
Perjury Defined. Perjury Is A Wilful False Swearing, In A Court Of Justice, On Matter Material To The Issue. This Is The Common Law Perjury. The Taking Of A False Oath Inay Be Made Perjury. The Offence Is A Difficult One To Establish On Account Of The Technicalities Involved. (44 ...

Physician And Patient
Physician And Patient. The Common Law Did Not Recognize The Relation Of Physician And Patient As Within The Rule Of Privileged Communications, But Quite Generally By Statute This Is The Case. The Privilege Is Allowed To Be Waived Where The Patient Sues The Physician For Mal Practice. To Make Communications ...

Plea In Abatement
Plea In Abatement. A Plea In Abatement Does Not Go To The Merits Of The Indictment, And Is Usually For A Misnomer Of The De Fendant, And An Error In This Respect Must Be Taken Advantage Of By Plea In Abatement. It Is A Dilatory Plea, And Must Be Pleaded ...

Plea To The
Plea To The In Order To Have Jurisdiction To Punish An Offence Committed By A Person, The Court Must Have Jurisdiction Of The Offence, Of The Person, And The Pun Ishment Awarded Must Be One Which It Is Competent To Inflict For The Offence. A Plea To The Jurisdiction Is ...

Plete
Plete. I. The Offence Is Complete When The False Instrument Is Offered, It Is Not Necessary That It Should Be Accepted. This Tittering Or Offering May Be In Various Ways, As Putting A Forged Deed On Record, Or A Forged Mortgage, Is Sufficient. So Bringing Suit Upon A Forged Note, ...

Political Extent Of Boundaries
Extent Of Boundaries, Political Every Government Will Take Judicial Notice Of The Territorial Extent Of Its Own District, And Of The Ex Tent Of Their Jurisdiction And Sovereignty. And This Extends To The Minor Political Divisions Of The State Or Nation, As To Their General Or Relative Position, But Not ...

Presumptions Are Of Law
Presumptions Are Of Law And Fact. A Presumption Of Law May Be Said To Be A Rule Of Law That A Particular Inference Shall Be Drawn From A Particular Circumstance. A Presumption Of Fact Is A Rule Of Law That A Fact Otherwise Doubtful, May Be Inferred From A Fact ...

Prima Facie And Conclusive
Prima Facie And Conclusive Evidence. Prima Facie Evidence Is That Which Without Contradiction Or Ex Planation Appears Sufficient To Support A Fact In Issue. It Is Not Conclusive, In That It May Be Rebutted Or Ex Plained Away By Other Evidence. Conclusive Evidence, In Law, Means Evidence Which Is Not ...

Primary And Secondary Evidence
Primary And Secondary Evidence. By Primary Evidence Is Meant The Best Evidence Of Which The Case Is In Its Nature Susceptible. This Refers To The Quality Of The Evidence Rather Than The Quantity, And Is Not Necessa Rily The Strongest Or Greatest Amount Of Evidence In The Case. It Is ...

Principal And Agent As
Principal And Agent As Parties To Crimes. The Principal Is Responsi Ble For What His Agent Does By His Authority, But He Only Is Criminally Punished, Who Does The Act, Or Per Mits It To Be Done. A Servant While Engaged In The. Business Of His Mas Ter Is Presumptively ...

Prison Breach
Prison Breach. Another Common Law Offence Against Public Justice Was Prison Breach, Or A Breaking, And Going Out Of A Prison By One Law Fully Confined Therein. The Elements Of This Offence Are: 1. There Must Be An Actual Breaking. That Is, Some Force Must Be Used. Simply Going Out ...

Privileged Communications Classified
Privileged Communications Classified. Privileged Communications May Be Classified Under Four Heads As Follows: 1. Political. 2. Judicial. 3. Professional. 4. Social. I. Political Matters Which Are Privileged May Em Brace Either: (a) Those Which Concern The Adminis Tration Of Penal Justice, Or ; (b) Those Which Concern The Administration Of ...

Professional Communications
Professional Communications. Professional Communica Tions Include Those Taking Place Between Attorney And Client ; Physician And Patient, And Spiritual Adviser And Layman. It Is A General Rule That Communications As Between Attorney And Client As To Legal Matters, Are Privileged, If Made For The Purpose Of Professional Advice Or As ...

Promise Are Not Received
Promise Are Not Received In There Are Two Classes Of Admissions That Are Not Receivable In Evidence. These Are : 1. Admissions Made Under Duress, That Is, Under The Force Of Illegal Restraint Or Compulsion. Such Admis Sions Cannot Be Received In Evidence. The Constraint Must Be Shown To Have ...

Proof Of A Decree
Proof Of A Decree In Chan Cery. A Decree In Chancery May Be Proved In The Same Way As A Judgment At Common Law. A Decree In Chancery Should Be Accompanied By The Proof Of The Bill And Answer In Order To Be Proved. The Reason For This Is That ...

Proof Of Foreign Judgments
Proof Of Foreign Judgments. Foreign Judgments Are Proved In The Same Way As Other Judgments. There Is This Difference, However, In Proving A Foreign Judgment Y-ou Must Prove The Jurisdiction Of The Court, As Nothing Is Presumed Id That Regard. ...

Proof Of Judgments Of
Proof Of Judgments Of In Ferior Courts. Judgments Of Inferior Courts Are Generally Proved By Producing The Book Containing The Proceedings. If They Are Not In Any Book, They Can Be Proved By Showing The Certificate Of The Magis Trate. ...

Proof Of Other Papers
Proof Of Other Papers Or Documents. In General Other Judicial Writings And Papers May Be Proved In The Same Manner As Judgments. ...

Prosecution For A Crime
Prosecution For A Crime And A Civil Suit For Damages For The Wrongful Act May Be Carried On At The Same Time. As A General Rule, A Prosecution For A Crime May Be Carried On At The Same Time With A Civil Action For Damages For The Injury Resulting From ...

Province Of Court And
Province Of Court And Jury Are Distinct. The Province Of The Court And Jury Are Distinct Under The Scheme Of The Common Law. Each Has Its Own Peculiar Function To Perform, And The Court Will Not Transgress Upon The Province Of The Jury. In All Jurisdictions, Where There Is Any ...

Proving Handwriting
Proving Handwriting. The Handwriting Of The Witness Or The Party Executing An Instrument May Be Shown In The Following Ways : 1. By Any Person Who Has Seen The Individual Write. 2. Where, Although He Has Not Seen Him Write, He Has Seen His Writing, Which Has Been Recognized By ...

Public Constitu Tion Of
Constitu Tion Of United States, Public The Constitution Of The United States, The Public Statutes, The General Laws And Customs Of The Union, And Also Of Their Own Particular State Or Terri Tory, Will Be Taken Notice Of By The State Courts. The States Are Regarded As Foreign To Each ...

Rape
Rape. Rape Is The Unlawful Carnal Knowledge Of A Woman, By Force And Without Her Con Sent. The Chief Ingredient In This Crime Is The Wrong To The Person. It Is A Very Serious Crime, In Volving The Violation Of The Most Sacred Human Pos Session, The Chastity Of Woman. ...

Real Evi Dence
Real Evi Dence. Real Evidence Is A Term Used To Denote That Class Of Evidence Presented To The Senses Of The Court Or Jury, As Where A Visible Object Is Presented For Their Inspection, As Evidence Of Its Existence And Condition. ...

Reason For The Exclusion
Reason For The Exclusion Of Privileged Communications. Certain Kinds Of Evidence Are Excluded On The Ground Of Public Policy. According To Mr. Best And Other Writers On Evidence, All Inadmissible Evidence Is Excluded On The Ground Of Public Policy; That Is, That All Rules Of Evi Dence Are Based Upon ...

Reasons For The Admission
Reasons For The Admission Of Dying Declarations. These Dying Dec Larations Do Not Take Their Credit And Force As Testi Mony So Much From The Declarant's Statement As They Do From The Peculiar Circumstances And Surroundings Under Which The Statement Was Made. One Of The Reasons For Admitting These Declarations ...

Receiving Stolen Goods
Receiving Stolen Goods. The Receiving Of Stolen Goods, Knowing Them To Have Been Stolen, Was A Misdemeanor At The Common Law, And Is Made A Felony By Statute. At The Common Law This Was Only An Accessorial Offence And The Thief Must First Be Convicted Before The Accessory Could Be ...

Relevant And Irrelevant Evidence
Relevant And Irrelevant Evidence. What Consti Tutes Relevant Evidence Will Be Considered At Length Hereafter, At Present It Is Sufficient To State, That In General, To Be Relevant, Evidence "must Have Some Logical Connection With Or Relation To A Fact In Issue So As To Assist In Getting At The ...

Riot
Riot. A Riot Is A Tumultuous Disturb Ance Of The Peace By Three Or More Persons Assembling Together Of Their Own Authority, With An Intent Mutual Ly To Assist One Another, Against Any Who Shall Op Pose Them In The Execution Of Some Enterprise Of A Lic. Private Nature, And ...

Robbery
Robbery. Robbery Is The Felonious And Forcible Taking From The Person Of Another, Goods Or Money Of Any Value, By Violence Or Putting In Fear. The Value Of The Prop Erty Taken Is Unimportant, The Gist Of The Offence Is The Taking By Violence Or Force Or Its Equivalent, As ...

Rules Applicable In Relevant
Rules Applicable In Relevant Evidence. The Lollow Ing General Principles May Be Laid Down As Helpful In Determining As To Relevancy : T. Evidence Relevant To The Issue Cannot Be Made Irrelevant By The Admission Of Counsel. 2. Irrelevant Evidence When Received May Some Times Afford Opposing Counsel, On Cross-examination, ...

Rules Governing Admissibil Ity
Rules Governing Admissibil Ity Of Declarations As To Matters Of Public Or General Interest. The Admis Sibility Of This Class Of Declarations Is Governed By The Following Rules : 1. The Declarant Must Be Dead. 2. Declarations Relating To Matters Of Public Rights Are Admissible, Coming From Any Member Of ...

Rules Governing The Ad
Rules Governing The Ad Mission Of Declarations Against In Terest. The Rules Governing The Admission Of Declarations Against Interest Are As Follows : 1. The Declarant Must Be Dead. 2. The Declaration Must Be Disserving Or Against The Interest Of The Declarant ; That Is, Opposed To His Pecuniary Or ...

Rules Governing The Ex
Rules Governing The Ex Amination Of Witnesses. The Examination Of Witnesses Is A Matter Connected With The Eliciting Of Evidence, And Is The Method Of Securing From A Liv Ing Witness What He Knows Concerning The Facts, In Accordance With The Rules Of Evidence. A Great Deal Depends Upon The ...

Rules In Regard To
Rules In Regard To The Bur Den Of Proof. The Following Propositions May Be Stated As Bearing Upon The Question Of The Burden Of Proof : I. A "prima Facie" Case Relates To One Side Of The Case Only, And Can In No Way Affect The Burden Of Proof, As ...

Rules Of Evi Dence
Rules Of Evi Dence As To Adultery. I. Where The Hus Band Or Wife Is Defendant, Neither Can Testify Against The Other. That Is By Reason Of Statutes Excluding Guch Evidence, On Grounds Looking To The Protection Of The Marital Relation. But The Rule Does Not Apply Where The Adultery ...

Secondary Evidence To Prove
Secondary Evidence To Prove The Contents Of Writings. Written Evidence Is The Best Or Primary Evidence Of All Facts Contained In The Writing Or Document. And The Rule Of Evidence As To The Best Evidence Requires That It Be Produced. Where Such Evidence Is Lost Or De Stroyed, Or For ...

Securing A Written In
Securing A Written In Evidence. The Method Of Bringing Any Instrument Into Court Is Precisely As Bringing A Witness Into Court. A Subpoena Issues To Any Person Having Its Custody To Appear And Testify, And A Sub Poena Duces Tecum Will Issue To The Person To Bring The Instrument Desired ...

Self
Self. The Defendant As A Witness Cannot Be Re Quired To Criminate Himself In Any- Civil Or Criminal Proceeding. This Is Generally Regarded As A Consti Tutional Right In All Of The States. When A Person Is Called To Testify In A Civil Or Criminal Case, And He Is Questioned ...

Signatures Of Officers
Signatures Of Officers, The Courts Will Take Judicial Notice Of The Gen Uinencss Of The Signatures Of The United States Offi Cers, But Not Generally Of Their Deputies. Public Proc Lamations Of Peace Or War Made By The Federal Govern Ment Will Be Given Judicial Notice, But No State Will ...

Social
Social Life.the Chief Instance Of Privileged Communications Affect Ing Social Life, Are Those Made Between Husband And Wife. This Rule Existed At Common Law, Where Neither Husband Or Wife Could Testify Against The Other ; They Were Not Competent Witnesses, And The Communications Were Also Privileged. The Rule As To ...

Solicitation To Commit A
Solicitation To Commit A Crime May Be A Criminal Attempt. So Licitation To Commit A Crime Is A Criminal Attempt Even Though The Solicitation Is Refused, In The Following Cases: R. Where The Crime Involves A Breach Of The Public Peace. 2. Or Interferes With Public Justice, As Soliciting One ...

Sources Of Evidence
Sources Of Evidence. The Sources Of Evidence Are The Common Law ; The Statutes ; And The Decisions Of The Courts ; Though The Latter Is Said To Be An Interpretation Of The Common Or Statu Tory Law Rather Than An Independent Source Of Evi Dence. The Earliest Decisions Recognizing ...

Special And General Pleas
Pleas In Bar, Special And General. Pleas In Bar Are Special And Gen Eral. Special Pleas In Bar Are Such As Preclude The Court From Discussing The Merits Of The Indictment, Either On Account Of A Former Acquittal Or Conviction, Or Of Some Subsequent Matter, Operating In Discharge Of The ...

Specified Cases Of Murder
Specified Cases Of Murder. Duelling. Duelling Is One Of The Specific Cases Of Murder. In Its Legal Signifi Cation, Duelhng, Is A Prearranged Fight, With Deadly Weapons, Between Two Persons To Settle Some Antece Dent Controversy. It Is Not Necessary That Either Should Intend To Kill The Other. If One ...

Spiritual
Spiritual The Communications Between Spiritual Ad Viser And Layman Were Not Privileged At Common Law, But Are Made So By Statute In Many States. These Statutes Make The Statements Or Confessions Of The Lay Man And The Replies Of The Priest Or Spiritual Adviser Privileged, Except Where The Same Would ...

Stating A Certain Year
Necessary To Altege Time With Precision In An Indictment, Stating A Certain Year And Day For All Material Facts. The Law Has Always Re Quired A Specification Of Time And Place As To Every Material Fact In The Indictment Constituting The Offence. Any Failure, Uncertainty Or Incongruity In These Re ...

Statutes Permitting Parties To
Statutes Permitting Parties To Testify Are Held To Change The Rule As To The Admission Of Declara Tions In Some Jurisdictions. In Some Jurisdictions The Fact That The Statutes Have Changed The Common Law Rule By Permitting Parties To Testify In Their Own Behalf Is Held To Change The Rule ...

Subornation Of Perjury
Subornation Of Perjury. Subornation Of Perjury Consists In Procuring Another To Take A False Oath. The Essentials Of The Crime Are: I. The False Oath Must Amount To Perjury, If It Does Not, The Offence Is Not Complete. At The Com Mon Law Both The Parties Were Held Guilty Of ...

Surplusage Is To Be
Surplusage Is To Be As A Rule Surplusage Does Not Destroy Or Vitiate An Indictment Except Where It Is Contrary To The Mat Ter Preceding. By Surplusage, In This Connection, Is Meant Any Unecessary Matter, Of Whatever Description. Criminal Pleadings Should Avoid Surplusage And Pro Fixity, And Make The Allegations ...

Sweep Of The Res
Sweep Of The Res Gestze Certain Cases. In Cases Of Rape The Rule As To Acts A Part Of The Res Gestae Differs Somewhat, As The Declarations Of The Woman Need Not Be Contempora Neous With The Act. The Rule Simply Requires That Complaint Should Be Made As Soon As ...

Sworn Copies
Sworn Copies. Records May Always Be Proven By Sworn Copies. It Must Appear, Of Course, That The Original Record Was Taken From The Proper Custody. The Wit Ness May Have Compared The Copy With The Original, Or He May Have Been Assisted By The Clerk, Or Some Other Person, In ...

Tests Of Criminal Responsibility
Tests Of Criminal Responsibility. The Tests Of Criminal Responsibility, As Regards Mental Capacity, Are Not The Same Now As They Were At Common Law. By Such A Test Is Meant What Shall Govern The Jury In De Ciding The Question Whether Or Not The Accused Shall Be Held Criminally Responsible ...