A Treatise on the Law of Indirect and Collateral Evidence

9781154759112: A Treatise on the Law of Indirect and Collateral Evidence
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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. 1897 Excerpt: ...a conviction of the defendant, an instruction that the jury should disregard the confession unless satisfied beyond a reasonable doubt that it was voluntary, would be clearly wrong, for it is not the law that the doctrine of reasonable doubt is to be applied to each item of testimony. The test question in such a case is, does a reasonable doubt remain as to the guilt of the defendant after all the evidence has been introduced? § 121. Confession involving co-defendant.--The confession must go in evidence unmutilated and entire, although it may implicate a co-defendant.' In such a case the trial judge should inform the jury that the confession is not evidence against the latter. §122. Confessed accomplice failing to testify.--"It is a rule of law that no witness shall be required to answer any question that may tend to criminate himself, yet the accomplice, when he enters the witness box with the view of escaping punishment himself by a betrayal of his co-worker in crime, yields up and leaves that privilege behind him. He contracts to make a full statement; to keep back nothing; although in doing so he may but confess his own guilt and 1 See Com. v. Preece, 140 Mass. 276, »1 Phil, on Ev., (1849 ed.) 414. 5 N. E. Rep. 494. infamy. If he fails to do so in full, if he knowingly keeps back any portion of the history of the crime he undertakes to narrate, he forfeits his right to pardon, and may be proceeded against and convicted upon the confession already made."1 § 123. Substance sufficient.--It is only necessary to prove the substance of a confession.' 1Alderman v. People, 4 Mich. 414, See Neeley v. State, 27 Tex. App. 324, 69 Am. Dec. 321. To the same effect, 11 S. W. Rep. 376. Rex v. Rudd, 1 Cowp. 331; Com. v. People v. Farber, 1...

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