The Encyclopaedia of Evidence Volume 5

The Encyclopaedia of Evidence Volume 5

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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. 1905 edition. Excerpt: ...it must appear that the experiment was performed under conditions similar to those existing at the time of the event to be tested thereby. Whether the runner making the experiment was, as compared with the defendant, large or small, a light runner or a heavy one, whether the atmospheric conditions and the general conditions as to noise or quiet were similar to those existing when Johnson was shot, and whether the sense of hearing in the two men was equally keen, the court was not informed. Evidence of the test was therefore properly excluded." In the County of Sonoma 1/. Stofen, 125 Cal. 32, 57 Pac. 681, defendant testified that while locked in a bank vault he kicked upon the iron door and made a great racket, but that he did not strike or kick the sheet-iron lining of the sides of the vault. It was shown that he was familiar with the construction of the vault and knew that there was a hollow space between the sheet-iron sides and the outer wall. Evidence was admitted of experiments made by striking upon the sheet-iron sides and also by kicking upon the door to show that the noise made by the first method was much louder than that made in the latter way. The admission of this evidence was urged as error, because the atmospheric and climatic conditions upon the days in question were not shown to be the same, and because of certain changes in the interior of the building made between the two acts, and further that the blows were not shown to have been struck with the same amount of force in both cases. The trial court's ruling was held to be no error. 54-Missouri Pac. R. R. Co. 11. Mofiatt, 56 Kan. 667, 44 Pac. 607. Atmospheric Conditions. _-In People zr. Phelan, 123 Cal. 551, 56 Pac. 424, evidence as to experiments relating to sounds...show more

Product details

  • Paperback | 492 pages
  • 189 x 246 x 25mm | 871g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236760972
  • 9781236760975