The General Principles of the Law of Evidence; In Their Application to the Trial of Criminal Cases at Common Law and Under the Criminal Codes of Several States - Softcover

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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. 1894 Excerpt: ...exparte misericordice, quam ex parte justitice." The people in every case of homicide must prove the corpus delicti beyond a reasonable doubt, and if the prisoner claims a justification he must take upon himself the burden of satisfying the jury by a preponderance of evidence. He must produce the same degree of proof that would be required if the blow inflicted had not produced death, and he had been sued for assault and battery, and had set up a justification. "When a man takes human life, upon which the law sets a high value, it is not sufficient for him to raise a reasonable doubt whether he was justifiable or not, but he must go one step further, and give satisfactory evidence that he was justified. This rule is sufficiently humane to the prisoner, and at the same time gives some protection to human life. CHAPTER XXXIX. EVIDENCE OF IDENTITY. § 300. A Cautionary Paragraph. 301. Circumstances from which Identity may be Inferred. 302. Voice as Evidence of Identity. a. Telephonic Communications. 303. Dress as a Means of Identification. 304. Perplexing Nature of this Grade of Evidence. 305. Cautionary Suggestions of Mr. Justice Taylor. § 300. A Cautionary Paragraph.--"This branch of our subject, simple as it may seem, and free from difficulty in the estimation of those unaccustomed to reasoning on the topic, is, on the contrary, perhaps one of the most difficult questions with which courts and juries are called upon to deal. The change in the appearance of the person whose identity is in question, wrought by age, mode of life, hardships, toil and care, sometimes coupled with a skillful disguise; again, the want of perception and discrimination in the identifying witnesses; these and numerous other causes have led to numerous cases of...

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