A Treatise on the Law of Evidence, Svazek 3C.C. Little and J. Brown, 1853 |
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Strana 3
... particular application to Indictments for Of- fences at Common Law ; to Admiralty and Maritime Causes ; to Cases in Equity ; including the changes in the Law of Evidence occasioned by the new Codes of Practice in Massachusetts , New ...
... particular application to Indictments for Of- fences at Common Law ; to Admiralty and Maritime Causes ; to Cases in Equity ; including the changes in the Law of Evidence occasioned by the new Codes of Practice in Massachusetts , New ...
Strana 6
... particular patient , and observe the symptoms and indications of disease , at the time of its supposed existence . But in respect to the manner in which the question is to be propounded to witnesses of this 1 Rex v . Owen , 4 C. & P ...
... particular patient , and observe the symptoms and indications of disease , at the time of its supposed existence . But in respect to the manner in which the question is to be propounded to witnesses of this 1 Rex v . Owen , 4 C. & P ...
Strana 15
... particular intent , there the intent must be proved and found ; but where the act is in itself unlawful , the proof of justification or excuse lies on the defendant ; and in failure thereof , the law implies a crim- inal intent . " 3 ...
... particular intent , there the intent must be proved and found ; but where the act is in itself unlawful , the proof of justification or excuse lies on the defendant ; and in failure thereof , the law implies a crim- inal intent . " 3 ...
Strana 16
... is , that he committed a murder of the second degree . The State v . Turner , Wright , R. 20. So also in Vir- ginia . Hill's case , supra . that the evidence should apply directly to the particular act 16 [ PART V. LAW OF EVIDENCE .
... is , that he committed a murder of the second degree . The State v . Turner , Wright , R. 20. So also in Vir- ginia . Hill's case , supra . that the evidence should apply directly to the particular act 16 [ PART V. LAW OF EVIDENCE .
Strana 17
Simon Greenleaf. that the evidence should apply directly to the particular act , with the commission of which the party is charged ; for the unlawful intent in the particular case may well be inferred from a similar intent , proved to ...
Simon Greenleaf. that the evidence should apply directly to the particular act , with the commission of which the party is charged ; for the unlawful intent in the particular case may well be inferred from a similar intent , proved to ...
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Běžně se vyskytující výrazy a sousloví
admissible admitted adverse party affidavit alleged answer apply bill captured cause Chancellor Chancery charge circumstances Comm commissioners committed common law Commonwealth competent Const constitution Court of Chancery Courts Martial Courts of Equity Cranch Crim crime criminal cross-examination David Pratt decree deemed defendant dence depositions documents East examination fact felony filed fraud Hale hearing held Ibid indictment intent interrogatories issue Johns Judge jurisdiction Jury Kely libel Lord Lord Chancellor matter ment misprision of treason mistake necessary oath objection offence owner P. C. ch Paige parol evidence particular perjury person plaintiff pleadings practice presumption prisoner prize proceedings proof proved purpose question reason Regina rule Russ seamen ship statute Story sufficient suit Sumn supra sworn taken testimony tion trial trial by Jury U. S. Stat United vessel Wheat witness
Oblíbené pasáže
Strana 156 - A libel is the malicious defamation of a person, made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse...
Strana 240 - The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
Strana 235 - In a just sense, the amendment then may well be construed to embrace all suits, which are not of equity and admiralty jurisdiction, whatever may be the peculiar form which they may assume to settle legal rights.
Strana 232 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Strana 83 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Strana 310 - In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Court shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local convenience of the district where the 'Court is held, not as positive rules, but as furnishing just analogies to regulate the practice.
Strana 30 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Strana 158 - Whenever the author and publisher of the alleged slander acted in the bonii fide discharge of a public or private duty, legal or moral ; or in the prosecution of his own rights or interests.
Strana 88 - If it be proved that the defendants pursued by their acts the same object, often by the same means, one performing one part and another another part of the same, so as to complete it, with a view to the attainment of the same object, the jury will be justified in the conclusion that they were engaged in a conspiracy to effect the object.
Strana 235 - The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the record was properly returnable, or the award of a venire facias de novo, by an appellate court, for some error of law which intervened in the proceedings.