A Treatise on the System of Evidence in Trials at Common Law: Including the Statutes and Judicial Decisions of All Jurisdictions of the United States, Volume 1 |
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A Treatise on the System of Evidence in Trials at Common Law: Including the ... John Henry Wigmore No preview available - 2014 |
A Treatise on the System of Evidence in Trials at Common Law: Including the ... John Henry Wigmore No preview available - 2018 |
Common terms and phrases
accused accused's acts admissible admitted to show allowed amended Ass'n attorney bigamy C. R. Co certified copy character Chicago cited ante cited post claim Code Colo Compare confession Contra corporation corpus delicti Court criminal cross-examination D. C. App deceased declarations deed defendant defendant's deposition document dying declarations eminent domain Estate evidence excluded facts former testimony held impeach incest infra injury jury larceny main treatise marriage Mass Minn Mont murder N. C. Rev Nebr notice offences officer opinion PAROL EVIDENCE RULE party perjury plaintiff presumption principle prior privilege proof prosecution proved question quoted post rape under age record refer to main refer to supplement reputation Section semble Session Laws similar Smith statement statute subpoena supra Terr testator testify Text third person trial Court's discretion waiver Wash wife Yukon
Popular passages
Page 231 - ... no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding.
Page 230 - The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.
Page 170 - ... or any other child of tender years who is tendered as a witness, does not in the opinion of the Court understand the nature of an oath, the evidence of such child may be received, though not given upon oath, if, in the opinion of the Court, such child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth...
Page 148 - The certificate of the acknowledgment, or of the proof of a conveyance, or the record, or the transcript of the record, of such a conveyance, is not conclusive ; and it may be rebutted, and the effect thereof may be contested, by a party affected thereby.
Page 230 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Page 129 - Court or judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.
Page 111 - ... be read in evidence, with the like effect as the original, on proof, by affidavit or otherwise, that the original is not in the possession or under the control of the party producing the certified copy.
Page 148 - A conveyance, acknowledged or proved, and certified, in the manner prescribed by law, to entitle it to be recorded in the county •where it is offered, is evidence, without further proof thereof.
Page 198 - ... and, whether the defendant answer or not, the cause shall be heard independently of the admissions of either party in the pleadings or otherwise...
Page 222 - The amendment is limited to a person who shall be compelled in any criminal case to be a witness against himself; and if he cannot set up the privilege of a third person, he certainly cannot set up the privilege of a corporation.