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<p>1825. July 4<lb/> | |||
<head>Procedure Code</head><note>Ch. Evidence<lb/> | |||
§. Alibi Evidence <del>how</del> procedure, how<lb/> | |||
Expositive Enactive</note></p> | |||
<p><head>§. <hi rend="underline">Alibi evidence</hi></head></p> | |||
<p>Art. 1. By alibi<hi rend="superscript">(a)</hi> evidence understand evidence<lb/> | |||
which when the presence of a certain individual in a certain<lb/> | |||
place at a certain time has been stated <add><gap/></add>, is adduced for<lb/> | |||
the person of proving that at that same place at that<lb/> | |||
same time he could not have existed <add>been present</add>, inasmuch as at<lb/> | |||
that same time he was in a different place.<lb/> | |||
(a) Note (a) In Latin, <hi rend="underline">alibi</hi> means elsewhere,</p> | |||
<p>Art. 2. In case of falshood it may happen that<lb/> | |||
a person who declares himself to have been at the time in question<lb/> | |||
in the presence of the person in question, in the place in question<lb/> | |||
was not at that time in that place. Evidence <del>by</del> <add>the tendency of</add> which <del><gap/></del> is<lb/> | |||
<add>to disprove the</add> truth of an article of alibi evidence, may be stiled alibi<lb/> | |||
<del><gap/></del> evidence of the <del>second <gap/></del> <add>first</add> remove: and so on.</p> | |||
<p>Art. 3. If at the <del>time</del> delivery of any <add>directly</add> relevant<lb/> | |||
evidence any <add>source of</add> evidence of the nature of alibi evidence is<lb/> | |||
present or at hand, the Judge will not refuse to elicit it.</p> | |||
<p>But if a witness-calling mandate or a witness <unclear>pretension</unclear><lb/> | |||
and adductive mandate is <add>for tis purpose</add> applied for, <del><gap/></del> for his consideration<lb/> | |||
it will be whether to issue it forthwith, or to postpone the issuing<lb/> | |||
of it to some later period of the cause: inasmuch as if<lb/> | |||
the <del>fact</del> assertion <del>which</del> for the disproof of which the alibi evidence<lb/> | |||
is demanded is disproved by other means the <add>all</add> delay vexation<lb/> | |||
and expence attendant on the proceedings for the obtainment of the<lb/> | |||
alibi evidence will have been rendered needless.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. July 4
Procedure CodeCh. Evidence
§. Alibi Evidence how procedure, how
Expositive Enactive
§. Alibi evidence
Art. 1. By alibi(a) evidence understand evidence
which when the presence of a certain individual in a certain
place at a certain time has been stated , is adduced for
the person of proving that at that same place at that
same time he could not have existed been present, inasmuch as at
that same time he was in a different place.
(a) Note (a) In Latin, alibi means elsewhere,
Art. 2. In case of falshood it may happen that
a person who declares himself to have been at the time in question
in the presence of the person in question, in the place in question
was not at that time in that place. Evidence by the tendency of which is
to disprove the truth of an article of alibi evidence, may be stiled alibi
evidence of the second first remove: and so on.
Art. 3. If at the time delivery of any directly relevant
evidence any source of evidence of the nature of alibi evidence is
present or at hand, the Judge will not refuse to elicit it.
But if a witness-calling mandate or a witness pretension
and adductive mandate is for tis purpose applied for, for his consideration
it will be whether to issue it forthwith, or to postpone the issuing
of it to some later period of the cause: inasmuch as if
the fact assertion which for the disproof of which the alibi evidence
is demanded is disproved by other means the all delay vexation
and expence attendant on the proceedings for the obtainment of the
alibi evidence will have been rendered needless.
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Identifier: | JB/054/113/001"JB/" can not be assigned to a declared number type with value 54. |
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1825-07-04 |
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054 |
procedure code |
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113 |
procedure code expositive enactive |
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001 |
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text sheet |
1 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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17632 |
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