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New Criminal Procedure Volume 3; Or, New Commentaries on the Law of Pleading and Evidence and the Practice in Criminal Cases

New Criminal Procedure Volume 3; Or, New Commentaries on the Law of Pleading and Evidence and the Practice in Criminal Cases


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...The Whole Subject of Criminal Evidence--is treated of in a series of chapters in the first volume.82 Still, both in that volume and this, we consider incidentally special questions of evidence in connection each with its particular topic. In felonious homicide, considerable numbers of such questions present themselves. 598. 1. The Authorities, --within the scope of this chapter, are multitudinous, and contradictory to a degree somewhat disturbing. They have immensely accumulated since the last edition was published; so that it is neither possible nor desirable to cite absolutely all. 2. How Chapter divided.--We shall consider, I. The Presumptions and Burden of Proof; II. The Character, Conduct, and Utterances of the Deceased; III. The Same of the Defendant, and his Relations with the Deceased; IV. Expert Testimony; V. Other Questions of Evidence. I. The Presumptions and Burden of Proof.9 599. 1. Burden Shifting.--The old books, largely followed in the modorn cases, seem to maintain that when 82. Vol. II, 1045a-1262, and in-1048 1051. 1096-1101, 1102 et seq. cidently in other places. And see New Crim. Law, II, 673 83. Compare with Vol. II, - 673b. prima facie proof of an alleged homicide has been adduced, if the defendant relies on a justification, --as, that what he did was in self-defence,84 or under a provocation reducing the guilt to manslaughter,86--the burden of proof shifts from the State to him.86 Or, if he asserts that the death proceeded, not from a proven wound in itself adequate, but from malpractice in its treatment, he has the burden to show this.87 2. A Preponderance of Evidence, --as in civil cases, will sustain such defense; it need not be proved beyond a reasonable doubt.88 Still--3. By the Better Do...


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Product Details
  • ISBN-13: 9781130780864
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 202
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1130780864
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 372 gr


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