A Treatise On Military Law And the Practice of Courts Martial Electronic Resour
A Treatise On Military Law And the Practice of Courts Martial Electronic Resour
S V Stephen Vincent Bent
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Proof is where the evidence submitted, is sufficient to produce a conviction of the truth of the facts to be established. Proof may be either positive, or presumptive. Positive Proof arises from direct evidence, which if true, establishes or overthrows a fact immediately in question. Presumptive Proof arises from presumptive evidence, that is, evidence which directly proves some fact, the truth of which indirectly proves or disproves some other fact which is immediately the subject of investiga...tion. The parties to a trial are not permitted to adduce every description of evidence which, according to their own notions, may be supposed to elucidate the matter in issue ; if such a latitude were j^ermitted, evidence might be often brought forward which would lead rather to error than to truth, the attention of the court might be diverted by the introduction of irrelevant or imma- terial e^-idence, and the investigation extended to a most inconvenient length. In order to guard against these evils, certain rules for limiting and regulating the ad- missibility of evidence have been established from time to time.
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