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The Best Evidence Rule
The Best Evidence Rule Results In A Division Of Evidence Into Primary And Secondary. The Rule That The Best Evidence Must Be Produced, Leads To The Division Of Evidence Into Primary And Secondary, Or Original And Unoriginal, As The Two Classes Are Some Times Called. In The Profession Primary Evidence ...

The Burden Of Proof
The Burden Of Proof In Criminal Cases. The Decisions Are Not Har Monious On The Subject Of Burden Of Proof. As A General Rule The Burden Of Proof Is On The Prosecution At All Times. Capacity To Commit Crime Is Generally Presumed, But Evidence Having Been Offered Showing Incapacity, Or ...

The Character Of The
The Character Of The Ac Cused As A Defence. The Character Of The Accused Is Of More Or Less Importance In Establishing His Guilt Or Innocence. Character Involves What A Man Really Is, While Reputation Refers To What He Is Reputed To Be. The Character Of The Accused, In Any ...

The Conclusion Of An
The Conclusion Of An Indictment. At The Common Law An Indictment Was Formally Concluded By The Words, "against The Peace Of The Said State Or Commonwealth." Under The Statutory Offences The Conclusion Is, "contrary To The Form Of The Statute (or Statutes) In Such Case Made And Provided." In General, ...

The Conditions Of Crimi
The Conditions Of Crimi Nality Generally. What Is Meant By Condi Tions Of Criminality Is, That Conceding That Something Has Been Done Which Is Contrary To Law, And For Which The State Has Fixed A Penalty, There Are Certain Condi Tions Which Must Exist To Make Such Act A Crime, ...

The Court Will Refer
The Court Will Refer To Proper Sources Of Information On Matters Of Which It Takes Judicial Notice. The Court May Have Resource To The Proper Sources Of Information On All Points Of Which It Takes Judicial Notice. And The Court May Refuse To Take Judicial Notice Of A Matter Until ...

The Credit And Impeachment
The Credit And Impeachment Of Witnesses. The Rule Of Evidence Is That The Party Who Calls A Witness Represents Him To The Court And Jury As Being Worthy Of Credit. From This Principle Some Important Results Arise. If He Does Not In The Law Represent Him As A Person Worthy ...

The Declaration Must Be
The Declaration Must Be Contemporaneous With The Thing Done. Under The Proposition That The Declara Tion To Be Admissible Must Be Contemporaneous With The Thing Done, And Not A Mere Narrative Of A Past Transaction, Two Things Are To Be Considered: 1. The Sweep Of The Res Gestae, By Which ...

The Elements Oflarceny
The Elements Of Larceny. I. There Must Be A Taking- And Carrying,- Away Of The Property Of Another With The Intent Of Depriving The Owner Of The Ownership Therein. Thus, At The Common Law One Might Take A Horse Hitched In The Street, And Use It To Make A Journey ...

The Es Sential Elements
The Es Sential Elements Of Embezzlement. 1. Embezzlement Was Not An Offense At The Common Law Distinct From Larceny, And Being A Purely Statu Tory Offence, The Statute Defining It Must Be Closely Examined, As Such Offences Are To Be Strictly Con Strued. 2. There Is A Distinction Between Possession ...

The Essen Tial Elements
The Essen Tial Elements Of Forgery. I. The Instru Ment Forged Must Have Pecuniary Importance. Thus A Forged Letter Introducing One To The Hospitality Of An Other Is Not Forgery ; And The Forgery Of An Artist's Name Making An Etching A "signed Proof," Has Been Held Not To Be ...

The Essential Elements Of
The Essential Elements Of Conspiracy. R. The Gist Of The Offence Of Conspiracy Is In The Agreement To Do The Unlawful Act, So That The Offence Is Complete Though Nothing Be Done Under The Agreement. 2. A Conspiracy To Do A Criminal Act, Or A Lawful Act By Criminal Means, ...

The Facts And Constituting
The Facts .and Constituting The Offence Must Be Stated With Certainty. It Was A Rule Of The Common Law That No One Shall Be Held To Answer To An Indictment Or Information, Unless The Crime With Which It Is Intended To Charg-e Him Is Ex Pressed \vith Reasonable Precision, Directness, ...

The Indictment To Be
The Indictment To Be Good Must Allege The Place Where The Crime Was Committed. The Indictment Must Expressly Show The Place Of The Commission Of The Offence, And This Must Appear To Be Within The Jurisdic Tion Of The Court In Which The Indictment Is Taken, And Must Be Alleged ...

The Leading Parties To
The Leading Parties To Crimes Are Either Princi Pals Or Accessories. The Leading Parties To Crimes Are Either Principals Or Accessories. A Principal Is One Who Is Actually Or Constructively Present At The Time It Is Committed, And Aids In Its Exe Cution. Principals Are Classified As Principals Of The ...

The Locus Of The
The Locus Of The Crime. By The Locus Of A Crime Is Meant The Place Where It Is Com Mitted. This Becomes Important, As The Offender Must Be Tried By A Jury Of The County Where The Crime Was Committed. In Determining The Locus Of A Crime, The Place Where ...

The Meaning Of The
The Meaning Of The Words "testimony" And "proof." The Word "testimony," Though Commonly Used As Synony Mous With "evidence," Means What Is Said By The Witnesses Upon The Stand, Which May Or May Not Be So In Accordance With The Rules Of Evidence To Be Entitled "evidence." The Word "proof" ...

The Name And Addition
The Name And Addition Of The Defendant. The Defendant Must Be Described By His Christian Name And Surname, Or By The Name Or Names By Which He Is Most Commonly Known. In Case Of Doubt As To His Name He May Be Variously Described Tinder Alius Dictus. This Is Done ...

The Names Of Persons
The Names Of Persons Other Than The Defendant Mention Ed In The Indictment. The Christian Name And Surname Of Any- Person Whose Description Is In Volved In The Averment Of The Offence Must Be Fully And Accurately Stated. But All The Law Requires In This Regard Is Certainty To A ...

The Overt Act And
The Overt Act And Crimi Nal Intent Must Concur In Point Of Time To Constitute A Crime. There Is No Crime Unless The Overt Act And Criminal Intent Concur In Point Of Time. Thus, If A Man Finds A Pocketbook, But Has No Intention Of Stealing It, And After He ...

The Parts Of An
The Parts Of An The Venue Commencement Averments. The Venue In An Indictment Indi Cates The Place Of Trial, Which At The Common Law, Was Always The County In Which The Offence Was Committed. The Venue, Or County, Or Other Designation Of The Place Showing The Limits Of The Jurisdiction ...

The Party Ac Cused
The Party Ac Cused Of Crime Must Be A Natural Person. In Criminal Law A Natural Person Is To Be Distinguished From An Artificial Person, Or Entity, Such As A Corporation, Since The Latter Cannot Technically Be Held Guilty Of A Criminal Intent. Corporations May Be Proceeded Against By Criminal ...

The Privileges Of
The Privileges Of A It Is The Privileg-e Of A Witness Not To Answer A Question, If His Answer Will Expose Him To Penal Liabil Ity, Or To A Criminal Charge, Or To Any Kind Of Punish Ment. This Protection He Tnay Claim At Any Stage Of The Inquiry, Whether ...

The Process Of Proving
The Process Of Proving A Written Instrument. There Being No De Grees Of Secondary Evidence, A Lost Instrument May He Proved By Letter Press-copy, Or A Typewritten Or Car Bon Copy, Or By The Memory Of A Witness Who Has Seen The Instrument And Knows The Contents. No Particular Method ...

The Qualification Of The
The Qualification Of The Declarant To Pedigree. What Relationship Must The Declarant Sustain To The Person Whose Pedi Gree Is In Question To Make His Declaration Admissible In Evidence? The Weight Of Authority Is That The De Clarant Must Be Legitimately Related By Blood, Or Con Nected By Marriage, ...

The Right Of The
The Right Of The Defendant In A Criminal Case To Defend In The Right Of The Accused To Defend In Person Is Also A Common Law Right, And Is Now Guaranteed By The Constitution In The Various States. This Gi Ves The Defendant The Right To Make His Own Defence, ...

The Right To A
The Right To A Speedy And Fair Trial. By The Constitution Of Most States, The Accused Is G-uaranteed A Speedy Trial And A Fair Trial. A Speedy Trial Is Said To Mean Simply That The Trial Shall Take Place As Soon As Possible After The Indict Ment Is Found Without ...

The Right To Be
The Right To Be Represent Ed By Counsel. This Right Did Not Exist At The Common Law In The Case Of Trials For Felony, While It Did Exist As To Trials For Misdemeanors. The Court Was Supposed To Represent The Accused In Felonies, And See That He Had A Fair ...

The Right To Be_2
The Right To Be Confronted By The Witnesses Against Him. One Of The Most Substantial Rig,rhts Secured To The Accused Is That Of Meeting The Witnesses Against Him Face To Face. The Refusal To Recognize This Right Resulted In The Dis Graceful "star Chamber" Trials In Eng-land, Where The Trial ...

The Right To Trial
The Right To Trial By Jury. The Right To A Jury Trial By A Person Accused Of Crime, Is A Common Law Right, Preserved By The Con Stitutions Of The Several States, And The Constitution Of The United States, As To Trials In The Federal Courts. Where This Right Is ...

The Rule Admitting Declar
The Rule Admitting Declar Ations Relating To Pedigree Stated. "decl'arations Of A Deceased Person Are Admitted In Cases Of Pedigree, That Is, When They Relate To The Exist Ence Of Any Relationship Between Persons, Whether Liv Ing Or Dead, Or To Their Birth, Marriage, Death Or Legiti Macy, When The ...

The Rule As To
The Rule As To Duplicity Ap Plies To Criminal Pleading. Duplicity Means Double Pleading In The Sense That Several Distinct Matters Are Alleged In Support Of A Single Demand, Any One Of Which Would Sufficiently Support The Demand. The General Rule In Reference To Crimes Is, That Two Or More ...

The Substantial Rights Of
The Substantial Rights Of The Accused In General. By A Long Process Of Development And Express Declaration Dating From Magna Charta Certain Rights Have Been Recognized As Belonging To Any Person Accused Of Crime. These Are Now Guaranteed By The Federal And State Constitutions And Statutes And Must Be Observed ...

The Trial Of Accessories
The Trial Of Accessories At Common Law Could Not Be Before That Of The Principal. At The Common Law An Accessory Before Or After The Fact Could Be Tried With His Principal Or After His Principal, But Not Before. This Was To Obviate The Predicament Of Convicting The Acces Sory, ...

The Use Of Subscribing
The Use Of Subscribing In Proving Writings. It Is Not Al Ways Necessary To Produce Subscribing Vvitnesses, But In The Case Of Some Instruments, As Deeds, It Is Neces Sary, If It Can Be Done. It Is Only Necessary To Call One Subscribing Witness, Though There Has Been More Than ...

The Various Kinds Of
The Various Kinds Of Evidence Explanation Of The Terms Used. With Regard To The Nature And Quality And The Source Of Belief, Evidence Is Said To Be Demon Strative Or Moral, Dircct Or Circumstantial. With Ref Erence To Its Legal Character And Grade It Is Primary Or Secondary, Prima Facie ...

The Whole Is Void
One Material Part Of An Indictment Is Repugnant To Another, The Whole Is Void. It Is A General Rule Of Criminal Pleading That If One Material Part Of An In Dictment Is Repugnant Or Inconsistent With Another Material Part, The Whole Is Void. But If The Contradic Tory Or Repugnant ...

There Are No Crimes
There Are No Crimes Except Those Declared To Be Such By Law. It Is Always To Be Borne In Mind That Crimes Must Be Declared By Law. That Is, There Is No Single Principle By Which To Distinguish Crimes From Civil In Juries, Nor Anything In The Nature Of A ...

Tial To The Description
Tial To The Description Of An Offence They May Be Used. Certain Long Accepted Terms Or Words Of Art Have Become So Inseparably Con Nected With Distinct Offences That No Other Expression Is Allowed To Replace Them. Thus "feloniously," "bur Glariously," "murder," "ravish," "feloniously Stole, Took And Carried Away," And ...

Uttering False Paper
Uttering False Paper. The Uttering Of False Paper Is Akin To And Closely Allied To Forgery. It Is Made A Substantive Crime By Statute In Every State. The Offence Is Broader Than The Utter Ing Of Forged Paper ; The Paper May Or May Not Be Forged. This Is A ...

Verdict
Verdict. The Verdict Is The Decision Of The Jury At The Close Of The Trial. In All Cases Of Treason And Felony It Is Required To Be De Livered In Open Court In The Presence Of The Accused. In Cases Of Misdemeanor This Is Not Essential. And It Is Said ...

What Class Of Evidence
What Class Of Evidence Do Admissions Belong. In The Last Chapter The Rule That The Best Evidence Must Be Produced Has Been Considered, As Well As The Rule Excluding Hearsay. It Was Seen That As A General Rule Hearsay Evidence Is Not Admissible, But That There Were Many So-called Ex ...

What Is Meant By
What Is Meant By Declara Tions Against Interest? Declarations Against Interest Are Said To Be Statements Or Entries Made By Parties Which Are At Variance With Their In Terest, And Tend To Destroy Or Diminish Some Pecuniary Or Proprietary Right, Of The One Making The Statement, Or Tending To Impose ...

What Is Meant By_2
What Is Meant By Declara Tions Of Public And General Inter Est. The Term "public" Is Applied To That Which Con Cerns All The Citizens, And Every Member Of The State ; A Right Is Therefore Public If It Is Common To All. The Term "general" Is Applied To A ...

What Is Nec Essary
What Is Nec Essary To Constitute The Offence Of Receiving Stolen Goods. I. On A Charge Of Receiving Stolen Goods The Larceny Must Be Pi Oven. Though The Thief Need Not Be First Convicted, It Is Necessary' In Thc First Instance To Show That Some Thing Has Been Stolen. 2. ...

What Prop Erty Is
What Prop Erty Is Subject To Larceny. All Personal Property Of Intrinsic Value As Such Is Subject To Lar Ceny. Thus, Milk Taken From A Cow; Turpentine From A Tree; Gas From A Pipe Line, And The Like Is Property Subject To Larceny. At Common Law Choses In Action Were ...

What The Witness May
What The Witness May Use To Refresh His Memory. The Witness Is Entitled To Look At Any Memorandum Or Instrument, Or Book, For The Purpose Of Refreshing His Memory, To En Able Him To Testify To Facts In Connection Therewith. This Is A Rule Of Common Occurrence In Practice. There ...

What Will Be Judicially
What Will Be Judicially Noticed. The Following Things Will Be Judicially Noticed By The Courts: 1. Foreig-n Governments. Every Court Will Take Judicial Notice Of The Existence And Title Of All The Sovereign Powers Of The Civilized World. Every Court Of The United States Will Also Take Judicial Notice Of ...

When Dying Declarations Are
When Dying Declarations Are Admissible. Dying Declarations Are An Ex Ception To The Rule Rejecting- Hearsay Evidence In That While Such Declarations Are Not Made Under Oath Or Tested By Cross-examination They Are Admitted. They Are Admissible Under The Following Qualifications Or Limitations: 1. Such Declarations Are Receivable Only In ...

When Evidence Will Be
When Evidence Will Be Re Jected As Irrelevant. Speaking Negative Ly, Evidence May Be Rejected As Being Irrelevant For Two Reasons, As Follows : 1. That The Connection Be Tween The Fact In Issue And The Fact Or Facts Offered, Is Too Remote And Conjectural. 2. That The Evidence Offered ...

When Hearsay Evidence Is
When Hearsay Evidence Is Admitted Without Objection It May Be Considered By The Jury. The Failure To Object To Evidence Which Would Be Excluded Un Der The Rule As Hearsay Evidence, Waives The Objec Tion To Such Evidence, And The Jury May Consider The Evidence Along With The Rest Giving ...

When Ignor Ance Or
When Ignor Ance Or Mistake Of Fact Will Be A Good Defence. Ignorance On The Subject, Or Mistake Of Fact, Is A Good Defence To A Criminal Charge In The Following. Cases : I. When From The Law It Appears That The Evil In Tent Is The Essential Ingredient, Then ...

When Such Ancient Docu
When Such Ancient Docu Ments Will Be Admitted In Evidence. Documents Over Thirty Years Of Age, Coming From The Proper Custody, Will Be Admitted In Evidence, When Either Possession Tinder Them Is Shown, Or Some Other Corroborative Evidence Of Their Authenticity Is Pro Duced. And Perhaps Such Documents Are Admissible ...

When The Admissions Of
When The Admissions Of Strangers Are Admissible In Evi Dence. The Admissions And Declarations Of Strangers And Third Parties Are In Some Cases Receivable. The Rule In Regard To The Admission Of Such Testimony Is: When The Mutual Rights Of Such Third Persons At A Particular Time Are Important And ...

When The Subscribing Wit
When The Subscribing Wit Ness Cannot Be Called It Is To Prove The Handwriting On The Instrument. When The Subscribing Wit Nesses Arc Dead, Out Of The Jurisdiction, Insane, Or Other Wise Incapable Of Being Called, The Execution Of The Instrument May Be Shown By Proving The Handwriting On The ...

When The Testimony Of
When The Testimony Of A Witness Given On A Former Trial Should Be Read In Evidence On A Sub Sequent Trial. It Is A General Rule Of Long Standing That What A Witness Has Said May Be Given In Evidence Either From The Judge's Notes, Or From Notes Taken By ...

When Unin Tended Results
When Unin Tended Results Following The Com Mission Of An Unlawful Act Are Pun Ishable. The Commission Of An Unlawful Act Is Frequently Followed By An Unintended Result. The Ques Tion Then Arises As To What Extent The Person Is To Be Held Criminally Responsible For A Result He Did ...

Where A Former Judgment
Where A Former Judgment Is Set Up As A Bar To Further Proceedings What Must Be Shown. Where A Judg Ment Is Set Up As A Bar To Further Proceedings, It Is Necessary To Show : 1. The Identity Of The Parties ; This Does Not Mean That The Parties ...

Where The Issue Is
Where The Issue Is Wheth Er Or Not The Statement Was Made It Is Really Original Evidence. When The Question Is Whether Or Not Statements Were Made, And Not As To Their Relation To The Fact In Controversy, It Is Apparent That The Testimony' Of A Witness Hear Ing The ...

Whether Bodily And Men
Whether Bodily And Men Tal Feelings Are A Distinct Class Of Declarations Or A Part Of The Res Gestze. It May Be Asked Whether Declarations Re Lating To Bodily And Mental Feelings Are Anything More Than A Part Of The Res Gestm ? What Is The Ground For Making A ...

Which Are Not Hearsay
Other Apparent Excep Tions To The Hearsay Rule, Which Are Not Hearsay In A Strict Sense. Prior Inconsistent Statements Made By A Witness May Be Shown To Impeach Him. And Statements By Third Persons May' Be Narrated By A Witness To Show How Other Matters Became Fixed In His Memory, ...

Who May Make Binding
Who May Make Binding The Admissions Of A Party Are Binding In The Following Instances: T. The Admissions Of A Paity To The Record Against Himself, Are Always Binding. 2. The Admissions Of The Real Party In Interest, Or Who Has A Substantial Interest, Whether He Be A Party To ...

Written
Written The Declarations Which We Have Been Dis Cussing Are Not Confined To Oral Ones, But Include Written Entries, Made In The Regular Course Of Busi Ness, Or In The Line Of Official Duty. Thus The Writ Ten Entries Made In A Pass Book Given To The Customers Of A ...