Hyatt on Trials: A Treatise on the Trial of Civil and Criminal Cases in State and Federal Courts, with Complete Index and Table of Cases, Svazek 2Bender-Moss Company, 1924 |
Obsah
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Běžně se vyskytující výrazy a sousloví
absence accused action admission allowed appear apply argument attorney authority Bank Brown called cause character charge Chicago circumstances Colo Commonwealth communications competent conclusion Conn constitutional conviction counsel court Crim criminal cross-examination decision defendant determine direct discretion duty effect error evidence examination exception exclusion existence fact give given ground held impeachment improper inference injury instruction intent interest Iowa issue judge jurisdictions jury Mass matter Minn Miss N. Y. Supp necessary negligence objection Ohio St Okla opinion party person practice prejudice present privilege proof proper provision question question of fact reason remarks reversal rule Smith statement statute sufficient tending Tenn testify testimony tion trial United unless verdict waive waiver Wash wife witness
Oblíbené pasáže
Strana 1149 - That in actions by or against executors, administrators or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, interstate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Strana 981 - ... is a trial by a jury of twelve men, in the presence and under the superintendence of a judge empowered to instruct them on the law and to advise them on the facts, and (except on acquittal of a criminal charge) to set aside their verdict if in his opinion it is against the law or the evidence.
Strana 1116 - I (AB) do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this State ; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my ability and understanding. So help me God.
Strana 1389 - The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime. The privilege is limited to criminal matters, but it is as broad as the mischief against which it seeks to guard.
Strana 1390 - It appears to the court to be the true sense of the rule that no witness is compellable to furnish any one of them against himself. It is certainly not only a possible but a probable case that a witness, by disclosing a single fact, may complete the testimony against himself...
Strana 1834 - No particular form of exception is required, but when the exception is to the verdict or decision, upon the ground of the insufficiency of the evidence to justify it, the objection must specify the particulars in which such evidence is alleged to be insufficient.
Strana 988 - This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon.
Strana 1192 - ... common-law exception to the silence upon the lips of husband and wife was only broken, as we have noticed, in cases of assault of one upon the other. That it is humiliation and outrage to her is evident. If that is the test, what limit is imposed ? Is the wife not humiliated, is not her respect and love for her husband outraged and betrayed, when he forgets his integrity as a man, and violates any human or divine enactment? Is she less sensitive, is she less humiliated, when he commits murder...
Strana 1112 - To our minds the proposition is plain that a proper examination by learned and skillful physicians and surgeons would have opened a road by which the cause could have been conducted nearer to exact justice than in any other way. The plaintiff, as it were, had under his own control testimony which would have revealed the truth more clearly than any other that could have been introduced. The cause of truth, the right administration of the law, demand that he should have produced it.
Strana 1800 - ... defendant is not entitled to a new trial on the ground that, under an instruction so permitting, the jury found him guilty of a lower degree.