Indian Territory Reports Volume 6

Indian Territory Reports Volume 6

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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. 1907 edition. Excerpt: ...number of cases sustaining the rule contended for by the counsel for plaintiff in error, as declared in the case of Ruloff vs People, 18 N. Y. 179, say: "We are satisfied that the strict rule contended for by plaintiff in error has been modified by many authorities, and that the weight of authority now is that all of the elements of the corpus delicti may be proved by presumptive or circumstantial evidence. It was said by Jeremy Bentham that, 'were it not so, a murderer, to secure himself with impunity, would have no more to do but to consume or decompose the body by fire, by lime, or by any other of the known chemical menstrua, or to sink it in an unfathomable part of the sea.' 3 Smith on Judicial Evidence, 234. In King vs Burdett, 4 Barn. & Ald. 95 (6th Eng. Com. L. 358), Best, J., said, in speaking of circumstantial evidence: 'Until it pleases Providence to give us means, beyond those our present facilities afford, of knowing things done in secret, we must act on presumptive proof or leave the worst crimes unpunished.' " The court, after quoting the note to State vs Williams, 78 Am. Dec. 248, as follows: "Direct and positive evidence is unnecessary to prove the corpus delicti. It may be proved by circumstantial evidence, if it be strong and cogent, and leave no room for reasonable doubt. This rule is now clearly established, and it would be unreasonable to always require direct and positive evidence. Crimes, especially those of the worst kind, are naturally committed at chosen times, in darkness and secrecy. Human tribunals must therefore act upon such indications as the circumstances of the case present or admit, or society must be broken up. The cases just cited show-that the jury more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • United States
  • English
  • black & white illustrations
  • 1236907884
  • 9781236907882