JB/051/007/001

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8 CERTAINTY EVIDENCE. Felony incompetent.

Fearnought having on the 1st of Jan' 1764 an accidental quarrel
Luckless in the Street, wounds him. kills him If Luckless
lives till the same day 2 Jan: ry1765 in the next year, he may
die afterwards when he will, Fearnought's word is
as good as any-body's: but if Luckless died on the 1st
day there is no believing any longer a syllable of what Fearnought
says. Any man after that is free to do before him or with him what
he pleases, & and so forth. — This is one consequence of
the word Felony.

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8 Certainty Evidence Hudibras Canto 1st v 217.

The self-same thing they will abhor
one way, & long another for.

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Certainty Evidence - Crimin. no ground for Incompetency.

A Lawyer may fancy he saves the consistency of
of the doctrines + + For there is not that reason so insipid, nor form of speech so hollow, with which a Lawyer will not pay himself in favor of an image that is received. A Lawyer I say, may fancy he saves their consistency & when he observes that the accomplice
who is received as Evidence is one against whom
conviction has not passed; & that the Law presumes
him innocent, whose guiltiness is as yet to prove guilss is yet to be proved.
But against all such vain subtleties this dilemma
will press with a force not to be resisted.
Either a the man was concerned in
that transaction the being concerned in a which according to you takes
away his credibility, & then according to one
of your rules he ought not to be received.
or he was not, & then he is not the man we
mean.

It is a vain thing to lay down such guilt as constitutive
of incompetency, when while it is only probable
& its existence is matter of depends upon opinion, while where
it is certain, & true upon the very supposition, it
is not constitutive of incompetency.

Identifier: | JB/051/007/001 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering
Box	051	Main Headings	evidence; procedure code
Folio number	007	Info in main headings field	certainty evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[partial propatria britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16172
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