JB/047/047/001

Click Here To Edit

16 Dec 1802 2 May 1803
Ch.6 Evidence

Thus in the case of homicide the act
by which the fatal blow itself was given may be
considered as the principle fact and the
narration of the eye which by whom this fact
including all the contemporary phenomena that
by which it was accompanied and characterized
may be termed direct in what is meant
by direct evidence: the appearance of blood at another time upon
the cloathes of the supposed murderer the
appearance of a pistol or knife supposed to have belonged to the supposed murderer and found
lying near the dead boy, the marks of agitation
betrayed by the aspect the voice and the discourse
of the supposed murderer some time after, all these
may be considered as so many evidentiary
facts and the evidence of which they are the
subject neither the evidence by which they are
laid before the Judge are so many pieces
of circumstantial evidence.

Example
The death blow
is the principal fact
The narrator of this
gives direct evidence
The appearance of
blood on the murderer</lb>his confession &c are evidentiary facts—
& the narrator gives
circumstantial evidence.

In this case it is the
physical act that
is considered as the subject of the direct evidence:
Quere as to circumstances
inculpative; aggravative; exculpative,
exemptive, and extinuative:
Quere also as
non-penal.

Identifier: | JB/047/047/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1802-12-16	Marginal Summary Numbering	3
Box	047	Main Headings	evidence
Folio number	047	Info in main headings field	ch. 6 evidence
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9
Penner	john herbert koe	Watermarks
Marginals	john herbert koe	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	14915
Box Contents