A Treatise on the Law of Evidence, Volume 3C.C. Little and J. Brown, 1853 |
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Halaman 16
... proof is on him , to show that he was not ; but that the act was either justifiable or excusable.2 a § 15. In the proof of intention , it is not always necessary harm , is a necessary conclusion from the act . " And see Ante , Vol . 1 ...
... proof is on him , to show that he was not ; but that the act was either justifiable or excusable.2 a § 15. In the proof of intention , it is not always necessary harm , is a necessary conclusion from the act . " And see Ante , Vol . 1 ...
Halaman 17
... proof that the party was seen among the enemy's troops , evidence of a previous mistake of the pri- soner , in going over to a body of his own countrymen , sup- posing them to be enemies , was held admissible to show the intent with ...
... proof that the party was seen among the enemy's troops , evidence of a previous mistake of the pri- soner , in going over to a body of his own countrymen , sup- posing them to be enemies , was held admissible to show the intent with ...
Halaman 18
... proof of malice . The like evidence of acts and declarations at other times , in proof of the character and in- tent of the principal fact charged , has been admitted in trials for arson , 2 robbery , libel , malicious mischief , 5 for ...
... proof of malice . The like evidence of acts and declarations at other times , in proof of the character and in- tent of the principal fact charged , has been admitted in trials for arson , 2 robbery , libel , malicious mischief , 5 for ...
Halaman 19
... proof of either of the intents , together with the act done , is sufficient . So it has been held , in the case of an assault , with intent to abuse and carnally know a female child ; 2 and of a libel , with intent to defame certain ...
... proof of either of the intents , together with the act done , is sufficient . So it has been held , in the case of an assault , with intent to abuse and carnally know a female child ; 2 and of a libel , with intent to defame certain ...
Halaman 24
... proof of license , which may have been by parol , can be given ? Shall he be con- victed for want of such affirmative proof , or shall the prosecution fail for want of proof to negative it ? Again , suppose under the law of this Common ...
... proof of license , which may have been by parol , can be given ? Shall he be con- victed for want of such affirmative proof , or shall the prosecution fail for want of proof to negative it ? Again , suppose under the law of this Common ...
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Istilah dan frasa umum
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
Bagian yang populer
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.