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<head>16 Dec 1802 2 May 1803<lb/>Ch.6 Evidence</head> | |||
<p>Thus in the case of homicide the act<lb/> by which the fatal blow <add>itself</add> was given may be<lb/> considered as the principle fact and the<lb/> narration of the eye which by whom this fact<lb/> including all the contemporary phenomena <del>that</del><lb/> by which it was accompanied and characterized<lb/> <del>may be termed direct</del> in what is meant<lb/> by direct evidence: the appearance of blood<add> at another time</add> upon<lb/> the <sic>cloathes</sic> of the supposed murderer the<lb/> appearance of a pistol or knife supposed to have belonged to the supposed murderer and found<lb/> lying near the dead boy, the marks of agitation<lb/> betrayed by the aspect the voice and the discourse<lb/> of the supposed murderer some time after, all these<lb/> may be considered as so many evidentiary <lb/> facts and the evidence of which they are the<lb/> subject neither the evidence by which they are<lb/> laid before the Judge are so many pieces<lb/> of circumstantial evidence.</p> | |||
<p>Example<lb/>The death blow<lb/>is the principal fact<lb/> The narrator of this<lb/> gives direct evidence<lb/> The appearance of<lb/> blood on the murderer</lb>his confession &c are evidentiary facts—<lb/> & the narrator gives<lb/> circumstantial evidence.</p> | |||
<note>In this case it is the <lb/>physical act that<lb/>is considered as the subject of the direct evidence:<lb/> Quere as to circumstances<lb/> inculpative; aggravative; exculpative,<lb/>exemptive, and extinuative:<lb/>Quere also as<lb/> non-penal.</note> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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.
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Identifier: | JB/047/047/001"JB/" can not be assigned to a declared number type with value 47. |
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1802-12-16 |
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047 |
evidence |
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047 |
ch. 6 evidence |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d9 |
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john herbert koe |
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14915 |
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