The Encyclopaedia of Evidence Volume 8

The Encyclopaedia of Evidence Volume 8

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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. 1906 edition. Excerpt: ... as incompetent. It shows rather that the confession thus made should not be relied on and held by the jury, when unsupported, sufiicient to work a conviction. In such a case, and indeed in all cases where the confession of a party is given in evidence, its force must depend upon the circumstances under which it is made; and of these circumstances the jury, under the advice of the court, are the proper judges. It is rather a question of credibility than competency of the confession, and, like all confessions, to be considered of much or little weight according to the attending circumstances; and these may be such as to render it very conclusive of the fact, or as tend very little to sustaining it." In a prosecution for bigamy, evidence of the deliberate admissions of the defendant that a woman was his wife and that he cohabited with her and held her out to the community as his wife may go to the jury for what it is worth as tending to prove an actual marriage. Sharp 11. Johnson, 22 Ark. 79. 87. People v. Isham, I09 Mich. 72, 67 N. W. 819. 35-Langtry v. State, 30 Ala. 536; Cayford's Case, 7 Me. 57; State 11. Libby, 44 Me. 469. In Ferrell 2/. State (Fla.), 34 So. 220, a prosecution for bigamy, the first marriage of the defendant was proved by the sworn testimony of the defendant in a suit for divorce brought by him against such former wife to the efi'ect that he and the first wife were married on a date specified and lived together about seven years. The specific objection to this evidence was that his testimony was in the form of a narrative prepared by his counsel and sworn to before the master after having been read over to him, but it was held that this did not render the written narrative any the less a voluntary admission...
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Product details

  • Paperback | 506 pages
  • 189 x 246 x 26mm | 894g
  • United States
  • English
  • black & white illustrations
  • 1236966384
  • 9781236966384