The Art of Winning Cases; A Practical Treatise on Preparation for Trial, and the Conduct of Cases in Court

The Art of Winning Cases; A Practical Treatise on Preparation for Trial, and the Conduct of Cases in Court

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...lay before the jury an intelligent idea of the force, efect and bearing of the testimony upon their case, either before or after the testimony is in in the case." Fosdick 11. Van Arsdale, 74 Mich. 305; 41 N. V. Rep. 931. While in the still later case of Sanborn v. Cunningham, decided by the supreme court of California, Aug. 15th, 1893, the court said: " Appellants farther contend that the court erred in permitting respondent's counsel, during his closing argument to the jury, ' to read to the court, in the presence of the jury, ' from one of the California Reports. The fact that a cause is being tried before a jury does not take away the right of a party to instruct the court upon the law of the case by proper argument, or the reading of authorities; and whether the jury shall be directed to retire during such reading is a question resting in the sound discretion of the trial court, and to be determined in view of the circumstances of the particular case. There is nothing in this record to indicate that the court did not properly exercise its discretion in ruling upon this objection of appellants." In the case of People v. Anderson, 44 California, the following proposition is laid down, to which we beg leave to most earnestly dissent: "As a general rule, the practice of allowing counsel, in either a civil or criminal action, to read law to the jury, is objectionable and ought not to be tolerated. Its usual effect is to confuse rather than enlighten the jury." The court gives no authority for this broad statement of the law, and there can be found none based upon reason. The freedom of speech which is universally accorded to counsel by the best authorities would be unwarrantably abridged if...show more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • Abridged
  • abridged edition
  • black & white illustrations
  • 1236794524
  • 9781236794529