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1826. May 13
Penal Code +
B.1. Gen Titles
Ch. IV Instruments of Delinquency
§. Suppression of Evidence
Suppression of evidence
less mischievous than
antijudicial false operation.
Evil of the 1st order
suppose the same evil
of the second order less
Wrongdoer cannot
choose his intended wrongees
in the case of antijudicial
falsehood. His offence will
only be to the prejudice
of some required individual
The offence being less
so the punishment.
Suppression of evidence is less mischievous than
forging a judicial or say antijudicial falsehood
assertion. Evil of the first order suppose the
same in all these cases, the evil of the second order is
less in this case than in any of those others; for it is
only in a particular case that fraud
in this shape is capable of being practiced or attempted:
the offender must have the evidence
in his custody or power in order to suppress it.
This will only be the case to the prejudice of
some signal individual. The offender cannot
choose the individual he will injure by Choosing
on what occasions he will commit the offence, as he
may in those other cases: not if the question
be put to him, whether he has the evidence or not,
and having it, he denies the having it, this
is anti-judicial falsehood or say quasi-forging.
The offences being less, so may accordingly
the punishment be.
Identifier: | JB/068/154/001 "JB/" can not be assigned to a declared number type with value 68.
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1826-05-13 |
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john neal |
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