A Digest Of The Law Of Evidence In Criminal Cases

Download or read book A Digest of the Law of Evidence written by Sir, James Fitzjames Stephen and published by Theclassics.Us. This book was released on 2013-09 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 1904 edition. Excerpt: ... SECTION I. HEARSAY WHEN' RELEVANT. ' ' Article 15.* Ai/mi-9sx03t Defined. An admission is a statemenc oral or written, suggesting any inference as to any fact in issue or relevant or deemed to be relevant to any such fact, made byjcr. pn behalf of any party to any proceeding. Every admission is (subject to the rules hereinafter stated) deemed to be a relevant fact as against the person by or on whose behalf it is made, but not in his favour unless it is or is deemed to be relevant for some other reason. AMERICAN NOTE. General. Authorities.-- 1 Greenleaf on Evidence (15th ed.), sees. 169 et seq., 192; McKelvey on Evidence, pp. 90 et seq., 104. Admissions competent evidence.-- As supporting the text, see Cole v. Cole, 33 Me. 542; Wilkinson v. Drew, 75 Me. 360; Hamblett v. Hamblett, 6 N. H. 333; Olney v. Chadscy, 7 R. I. 224; Whitney v. Bayley, 4 Allen (Mass.), 173; Lord v. Bigelow, 124 Mass. 185; Crowley v. Pendleton, 46 Conn. 64; Saunders' Appeal, 54 Conn. 108; Broschart v. Tuttle, 59 Conn. 1, 21 Atl. 925, 11 L. R. A. 9, 33; Electric Motor Co. v. D. Frisbie Co., 66 Conn. 67; Carney v. Hennessey, 74 Conn. 107, 49 Atl. 910; Harrington v. Gable, 81 Pa. 406; Folger v. Boyington, 67 Wis. 447 (pleadings); Pope v. Ellis, 115 See Note IX. U. S. 363 (pleadings); Bogie v. Nolan, 96 Mo. 85 (former proceedings); Ex parte Hayes, 92 Ala. 120 (former proceedings). If any part of a statement is received as an admission, all other parts of the same statement which explain or qualify it must also be received. Ins. Co. v. Newton, 22 Wall. 32; Vauneter v. Crossman, 42 Mich. 465; Simmons v. Haas, 56 Md. 153. Oral admissions are not generally conclusive and may be explained or shown to be contrary to facts, etc. Allen v. Kirk, 81 Ia. 658;...