A Treatise on the Law of Evidence, Količina 3Little, Brown,, 1876 |
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3d Amer accessory admissible admitted adverse party affidavit alleged answer apply Baron Richards bill captured cause chancery charge charter-party circumstances Comm committed common law Commonwealth competent Const constitute Court of Chancery courts of admiralty courts of equity crime criminal cross-examination David Pratt decree defendant dence depositions documents examination fact felony filed fraud guilty Hale hearing held Ibid indictment intent interrogatories issue Johns judge jurisdiction jury larceny Law & Eq Leading Crim libel Lord Lord Chancellor Lord Eldon maritime matter ment mistake mode necessary oath offence owner Paige parol evidence person plaintiff pleadings practice presumption principle prisoner prize proceedings proved question reason Regina rule Russ seamen ship statute sufficient suit Sumn supra sworn taken testimony tion trial trial by jury U. S. Stat United vessel viva voce Wheat witness
Priljubljeni odlomki
Stran 80 - 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.
Stran 29 - It is not 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.
Stran 223 - The trial by jury in all cases in which it has been heretofore used, shall 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.
Stran 150 - Whenever the author and publisher of the alleged slander acted in the bona Jtde discharge of a public or private duty, legal or moral ; or in the prosecution of his own rights or interests.
Stran 29 - All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal.
Stran 416 - Martial law cannot arise from a threatened invasion. The necessity must be actual and present ; the invasion real, such as effectually closes the courts and deposes the civil administration.
Stran 131 - the wrongful or fraudulent taking and carrying away by any person of the mere personal goods of another, from any place, with a felonious intent to convert them to his (the taker's) own use, and make them his own property, without the consent of the owner.
Stran 29 - In civil cases their duty is to weigh the evidence carefully, and to find for the party In whose favor the evidence preponderates, although It Is not free from reasonable doubt.
Stran 150 - Words used in the course of a legal or judicial proceeding, however hard •they may bear upon the party of whom they are used.
Stran 271 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...