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1825. Feb.y
Procedure Code Ch VIII
S.
Note to Demand Paper C.
( ) [VI. Evidence.] In a penal code, whether
the offence, and the species of suit, are as here , purely
public, or whether they are publica private, as in the
case of Demand Paper D., the evidence will common
by hand three distinguishable subject matters: to wit,
1. the matter of fact or state of things regarded as productive
or tending to be productive of mischief, &
supposed to have been the result of the act of some
human agent; 2 the nature of that same act;
3. the personality of that same agent. Of these three
distinguishable subject matters of knowledge and
evidence, the first may be known, where the second
and third are as yet unknown. Of damage produced
by conflagration, the existence may, for example,
be known, when as yet it is not known, whether
human agency any part in the production of it.
So again, the damage being known, what may also be
known is that human agency, the act of some persons
had part in the production of it, while as yet it is
not known who that person is.
In Romebred law, the state of things, regarded
as fraught with mischief together with the circumstance
of it's having had human agency for it's cause, constitute
together, what is called the Corpus delicti:-in French Corps du
delit A the body of the offence; — and are frequently spoken as composing a subject of evidence
and investigation, distinct from the consideration,
of the personality of the supposed criminal
or culpable agent.
This distinction may also have place in several
modifications of the case in which, as in Demand paper B,
the suit, whether inculpative or not, is not criminative
Identifier: | JB/056/050/001 "JB/" can not be assigned to a declared number type with value 56.
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1825-02 |
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056 |
Procedure Code |
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050 |
Procedure Code |
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001 |
Notes to Demand Paper C |
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Copy/fair copy sheet |
1 |
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recto |
D9 / E7 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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18106 |
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