Ontario Reports Volume 22

Ontario Reports Volume 22

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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. 1911 edition. Excerpt: ...inconsistent with guilt, does not afiect the question materially; even though the Court may have erred, as I think it did, in that ruling, because the jury were not bound to believe all that that witness said; they might discredit her as to the earlier, and credit her as to the later, intercourse. The last point is one upon which there is a very considerable conflict of authority in the Courts of the several States of the United States of America; but it has long been the practice of the Courts of this Province to permit the production of the child at the trial and the pointing out to the jury of the likeness in the child to the defendant. The cold water thrown upon the practice by Cameron, C.J., in delivering the judgment of the Court in the case of Udy v. Stewart, 10 O.R. 591, does not seem to have had any appreciable effect upon it. I am unable to see anything objectionable in principle in such evidence; and it ought to be within the power of the Court to prevent an abuse of the practice; though I think it would be better, and more regular, if the likeness were testified to by some witnesses, in all cases; otherwise a court of appeal is at a great disadvantage if called upon to deal in any way with such evidence, as well as for other reasons. Such evidence seems to have been always con sidered admissible in England. The subject is interestingly discussed and many cases upon it collected by Mr. Wigmore in his work on trial evidence. It is also to be borne in mind that the evidence was given upon the second count, and was withdrawn from the jury with the withdrawal of that count. It is, however, not unreasonable for the prisoner to say that, though he was obliged to submit to the prejudice of his case on the first count which might be...show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236908279
  • 9781236908278