Reports of Cases Argued and Determined in the Supreme Court and in the Court of Errors and Appeals of the State of New Jersey Volume 92
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. 1919 edition. Excerpt: ...called as a witness against the prosecutor and eventually assisted in determining the inquiry adversely to the prosecutor. It is hardly necessary in considering the legislative prerequisites of a fair trial to say more than that it is obvious that this proceeding did not conform to the recognized rules governing such procedure. A fair trial, in the generic language of Mr. Webster in the Dartmouth College Case, 4 Wheat. 518, 581, is a proceeding "which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial." Specifically, it is held to bethat a hearing shall be accorded to the alleged delinquent by an impartial and disinterested tribunal. 2 Abb. Mun. Corp. 1663; Pinkermann v. Rusling, 6-L Con-n. 517; Streeter v. Worcestcr_. 177 Mass. 29. The rule is fundamental that a person who has not heard the testimony in a given case occupies no legal status as arbiter or judge to adjudicate upon the cause. This infirmity was accentuated by the fact that the police rules of schedule of alarm calls for failure to comply with which he was adjudged guilty, were not introduced in evidence, and this omission presents a clear failure of proof in the case to sustain the conviction. The resolution in question will be set aside. JOSEPHINE M.=l'ZIAN() ET AL.. RESPONDENTS. v. PUBLIC SERVICE GAS COMPANY. PROSECUTOR. Argued June-1. 1918-Decided November 29, 1918 VVhere. in a workmen's compensation case, there was proof only of the death and of the dangerous environment of the deceased, which furnished presumptive or circumstantial testimony of the manner of death, by a logical process of rational induction. based upon human experience. from which the reasonable inference of the existence of the satutory...
- Paperback | 226 pages
- 189 x 246 x 12mm | 413g
- 13 Sep 2013
- Illustrations, black and white