A Digest of the Law of Evidence
A Digest of the Law of Evidence
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To Judge if he is a minor. X. Y. Penal Code, see. 19. And a wit- ness may be ordered by the court to uncover his face or stand up for identification. People v. Gardner, 144 N. Y. 119.
Chap. VIII.] THE LAW OF EVIDENCE. 265 The court can require a person suing for physical injuries sus- tained to submit to an examination by physicians. N. Y. Code Civ.
Pro., sec. 873. The old rule is found in Roberts v. Ogdensburg, etc., B. Co., 29 Hun, 154.
So in suits for divorce on the ground of impotence. Cahn... v. Cahn, 21 Misc. Rep. 506.
Because the defendants failed to take the stand as witnesses in their own behalf, the trial court cannot assume the existence of a cause of action where none is proved, for such failure does not sup- ply the lack of material evidence in the plaintiff's ease. Order (1897), 48 N. Y. Supp. 984, 22 App. Div. 258, affirmed. Shotwell v. Dixon, 57 N. E. 178, 163 N. Y. 43.
In a murder case, failure by the defendant to call as a witness the person jointly indicted with him, who is present in court, having been conducted there by the prosecution and not called by it, is no evidence tending to show guilt.
What to read after A Digest of the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Stephen, James Fitzjames, Sir, 1829-1894 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
To Judge if he is a minor. X. Y. Penal Code, see. 19. And a wit- ness may be ordered by the court to uncover his face or stand up for identification. People v. Gardner, 144 N. Y. 119.
Chap. VIII.] THE LAW OF EVIDENCE. 265 The court can require a person suing for physical injuries sus- tained to submit to an examination by physicians. N. Y. Code Civ.
Pro., sec. 873. The old rule is found in Roberts v. Ogdensburg, etc., B. Co., 29 Hun, 154.
So in suits for divorce on the ground of impotence. Cahn... v. Cahn, 21 Misc. Rep. 506.
Because the defendants failed to take the stand as witnesses in their own behalf, the trial court cannot assume the existence of a cause of action where none is proved, for such failure does not sup- ply the lack of material evidence in the plaintiff's ease. Order (1897), 48 N. Y. Supp. 984, 22 App. Div. 258, affirmed. Shotwell v. Dixon, 57 N. E. 178, 163 N. Y. 43.
In a murder case, failure by the defendant to call as a witness the person jointly indicted with him, who is present in court, having been conducted there by the prosecution and not called by it, is no evidence tending to show guilt.
What to read after A Digest of the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Stephen, James Fitzjames, Sir, 1829-1894 to read onlineMoreLess
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