An Essay on the Principles of Circumstantial Evidence: Illustrated by Numerous CasesT. & J. W. Johnson, 1857 - 283ÆäÀÌÁö |
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29 ÆäÀÌÁö
... actions , which are essen- tially unlike , and dependent upon peculiarities of per- sons and circumstances , which render it impossible to assign to them a precise value , or to compare them with a common numeral standard ; nor are they ...
... actions , which are essen- tially unlike , and dependent upon peculiarities of per- sons and circumstances , which render it impossible to assign to them a precise value , or to compare them with a common numeral standard ; nor are they ...
30 ÆäÀÌÁö
... action , appli- cable to a given state of facts , where external and some- times ambiguous indicia alone constitute the grounds of judgment . In the application of every such rule , the certainty of the facts is pre - supposed , and is ...
... action , appli- cable to a given state of facts , where external and some- times ambiguous indicia alone constitute the grounds of judgment . In the application of every such rule , the certainty of the facts is pre - supposed , and is ...
34 ÆäÀÌÁö
... actions so far as they are [ * 19 ] authoritatively constituted by the legislator or deduced by the magistrate . The civilians divided legal presumptions into two classes , namely , pr©¡sumptiones juris et de jure , and pr©¡- sumptiones ...
... actions so far as they are [ * 19 ] authoritatively constituted by the legislator or deduced by the magistrate . The civilians divided legal presumptions into two classes , namely , pr©¡sumptiones juris et de jure , and pr©¡- sumptiones ...
35 ÆäÀÌÁö
... actions proceeding from malignity of purpose , and not to physical actions merely . It has been said with great force and accuracy , that " where the subject is of a phy- sical nature , or of a moral nature , independent of their ( g ) ...
... actions proceeding from malignity of purpose , and not to physical actions merely . It has been said with great force and accuracy , that " where the subject is of a phy- sical nature , or of a moral nature , independent of their ( g ) ...
36 ÆäÀÌÁö
... actions to unbending rules of presumption , as to prescribe to the commander of a ship inflexible rules for his conduct , without any latitude of discretion in the unforeseen and innumerable accidents and contingencies of the tempest ...
... actions to unbending rules of presumption , as to prescribe to the commander of a ship inflexible rules for his conduct , without any latitude of discretion in the unforeseen and innumerable accidents and contingencies of the tempest ...
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acquitted admitted afterwards alleged appeared applied apprehended arsenic Baron Baron Pollock blood body cause charge child circum circumstances circumstantial evidence committed concealment conclusion conclusive presumption confession connected considerations convicted coram corpus delicti cottage court crime criminal death deceased deceased's dence deposed direct discovered doubt examination executed facts fallacious footsteps ground guilt handwriting human inference innocent jury Justice kind Lady Boughton learned judge Lord Lord Eldon moral evidence morning motive murder nature ness o'clock observed offence Old Bailey Paddington station particular person possession presumption principles prisoner prisoner's probability produced proof proved prussic acid public house quantity question racter reason remarkable rule servant shoes Sir Matthew Hale soner spring assizes stances stolen stomach Stourbridge Summer Assizes supposed supra suspicion taken testimony tion trial tried truth ut supra William Wheeler witnesses woman wounds writing
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55 ÆäÀÌÁö - And from Shakespeare she gained a great store of information amongst the rest, that -'Trifles light as air, Are, to the jealous, confirmation strong, As proofs of Holy Writ.
52 ÆäÀÌÁö - In truth, it seems a wild attempt to lay down any rule for the proof of intention by circumstantial evidence ; all the acts of the party ; all things that explain or throw light on these acts ; all the acts of others relative to the affair that come to his knowledge, and may influence him ; his friendships and enmities, his promises, his threats, the truth of his discourses, the falsehood of his apologies, pretences, and explanations ; his looks, his speech ; his silence where he was called to speak...
144 ÆäÀÌÁö - I mention these instances, that we may be the more cautious upon trials of offences of this nature, wherein the court and jury may with so much ease be imposed upon, without great care and vigilance; the heinousness of the...
21 ÆäÀÌÁö - ... more scrupulous certainly ought we to be in admitting the proofs of the breach. But that testimony is capable of making good the proof there seems no doubt. In truth, the degree of excellence and of strength to which testimony may rise seems almost indefinite. There is hardly any cogency which it is not capable by possible supposition of attaining. The endless multiplication of witnesses — the unbounded variety of their habits of thinking, their prejudices, their interests — afford the means...
176 ÆäÀÌÁö - They ought rather to reflect, that he who falls by a mistaken sentence, may be considered as falling for his country ; whilst he suffers under the operation of those rules, by the general effect and tendency of which the welfare of the community is maintained and upholden.
249 ÆäÀÌÁö - KNOW not a more rash or unphilosophical conduct of the understanding than to reject the substance of a story by reason of some diversity in the circumstances with which it is related. The usual character of human testimony is substantial truth under circumstantial variety. This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between...
85 ÆäÀÌÁö - It at the best possible advantage, within a reasonable time after notice to the buyer, and that it was for the jury to say under all the circumstances whether the...
244 ÆäÀÌÁö - And the undesigncdnt ss of the agreements (which undesignedness is gathered from their latency, their minuteness, their obliquity, the suitableness of the circumstances in which they consist, to the places in which those circumstances occur, and the circuitous references by which they are traced out) demonstrates that they have not been produced by meditation, or by any fradulent contrivance.
16 ÆäÀÌÁö - The word evidence, in legal acceptation, includes all the means by which any alleged matter of fact the truth of which is submitted to investigation is established or disproved.
58 ÆäÀÌÁö - ALL crimes have their conception in a corrupt intent, and have their consummation and issuing in some particular fact ; which though it be not the fact at which the intention of the malefactor levelled, yet the law giveth him no advantage of that error if another particular ensue of as high a nature.