American Law And Procedure volume 3

Cover American Law And Procedure volume 3
American Law And Procedure volume 3
Peabody Museum of Salem
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**But, in a case of circumstantial evidence where no wit- ness can testify directly to the fact to be proved, it is arrived at by a series of other facts, which by experience have been found so associated with the fact in question, that in the relation of cause and effect, they lead to a sat- isfactory and certain conclusion; as when footprints are discovered after a recent snow, it is certain that some animated being has passed over the snow since it fell; and, from the form and number of foot
...prints, it can be determined with equal certainty, whether they are those of a man, a bird, or a quadruped. Circumstantial evidence.
(10) East's Pleas of the Crown, c 5, § 11.
SPECIFIC CRIMES 121 therefore, is fonndod on experience and observed facts and coincidences, establishing a connection between the known and proved facts and the fact sought to be proved. The advantages are, that, as the evidence commonly comes from several witnesses and diiferent sources, a chain of circumstances is less likely to be falsely prepared and arranged, and falsehood and perjury are more likely to be detected and fail of their purpose.


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