A Treatise On the Law of Evidence With a Discussion of the Principles And Rules
A Treatise On the Law of Evidence With a Discussion of the Principles And Rules
H C Harry Clay Underhill
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Cr. Cas. Pennell v. Meyer, 8 C. & P. 470. 116 ADMISSIONS. [§§ 81, 82, and belief, it will be inadmissible either against the party or in his favor. 1 Yerbal admissions are not generally admissible to prove those facts which, under the circumstances or by some rule of law, can only be properly proved by written evidence, 2 unless the loss of the writing be shown or its absence be accounted for. 3 § 81. Weight and sufficiency of admissions. — The some- what unreliable character of verbal admissio...ns, made often hastily and inadvertently or in casual conversation, has been often adverted to. 4 The language used may have been mis- understood, or not understood at all by the witness, or it may be perverted by him who testifies through passion or preju- dice or because unable to recollect the language used. For several eye-witnesses to give different accounts of the same occurrence which they saw is very common. Where language is to be repeated, only those who are skilled in detecting the niceties of meaning which attach to many words and phrases will be able to narrate correctly even the substance of what they have heard.
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