A Treatise On the Law of Evidence in Criminal Issues volume 1

Francis Wharton

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I. De consecrat.
2 Cap. 3. X. De furt. (5. 18. ), Cap. 4 X. De reg. Jur. (5. 41. ) Rossi, Traite ii. P. 212.
Berner, (De impiinitate propter sumjiiam necessitatem), etc. (1861). Geib, Lehrbiich, ii. 225 ; Compen- dium in Holtzendorf, ii. 180 ; Whar- ton, Crim. Law, 10th ed. § 510.
4 Wharton, Crim. Law, §§ 95, 96, 139, 144.
See Territory v. Yee Dan, 7 N. W. 439, 37 Pac. 1101; United States V. Holmes (1842), 1 Wall. Jr. 1, Fed. Cas. No. 15, 383.
5 People V. Repke, 103 Mich. 459, 61 N. W. 861; Mor...gan v. State, 3 Sneed, 475 ; Thomas v. State, 134 Ala. 126, 2, 3 So. 130; Carlisle v. State, 37 Tex. Crim. Rep. 108, 38 S. W. 991 ; People ex rel. Taylor v. Dunlay, 66 N. Y. 162 ; Com. V. Kolh, 13 Pa. Super. Ct. 347.
8 People V. Richmond. 29 Cal. 414; Taylor v. Stale, 5 Tex. App. 529; Murphy v. State, 6 Tex. App. 420.
"^ Reese v. State, 73 Ala. 18; Klif- field V. State, 4 How. (Miss. ) 304; Allyn V. State, 21 Neb. 593, 33 N. W. 212; Douglass v. State, 18 Ind. App. 289, 48 N. E. 9.
But see State v.

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