A Treatise On the Law of Evidence As Administered in England And Ireland; With Illustrations From Scotch, Indian, American And Other Legal Systems

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The influence which may produce a groundless confession may also produce groundless conduct.^ § 904. A prisoner is not liable to be affected by the confessions of his accomplices? So strictly is this rule enforced, that where a person is indicted for receiving stolen goods, a confession by the principal that he was guilty of the theft, is no evidence of that fact as against the receiver ; ^ and it would be the same, it seems, if both parties were indicted together, and the principal were to ple...ad guilty.* § 905.^ On similar grounds, no person is, in general, answerable criminally for the acts of his servants or agents, whether he be the accused or the principal in the matter, unless a criminal design be brought home to such person himself.^ The act of the agent or servant may be shown in evidence, as proof that such an act was done ; for a fact must be established by the same evidence, whether it be followed by a criminal or civil consequence.' But it is a totally different question, in the consideration of criminal as dis- tinguished from civil justice, how the principal may be affected by the fact, when so established.

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