The Criminal Evidence Act, 1898, With Introductory Chapter And Practical Notes
The Criminal Evidence Act, 1898, With Introductory Chapter And Practical Notes
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To quickly assess the difficulty of the text, read a short excerpt:
Paul (1890), 0. 0. C. E., 25 Q. B. D. 202, at 210 ; 62 L. T.
845, at 848 ; 59 L. J. M. C. 138 ; cf. R. v. Fuidge (1864), L. & 0. 390 ; 33 L. J. M. 0. 74 ; for " each count is as it were a separate indictment" : per Black- bum, J., in Latham v. R. (1864), 6 B. & S. 635, at 642-3; 33 L. J. M. 0. 197, at 199; 9 Cox, 0. 0.
516. If the Judge fails to give such warning, and the defendant is convicted on the second count only, the conviction wOl be quashed: jB. v. Paul^ ubi supra.
If, however, instead... of there beiag two counts in the indictment, there is a single count, with respect to which the defendant's wife or husband can be and is called as a witness for the prosecution, and if it is competent for the jury, under a special statutory enactment, upon that indictment to find the defen- dant guilty of another offence, with respect to which the testimony of the wife or husband would not be admissible for the prosecution ; although without the testimony of the wife or husband there is not suffi- cient evidence to convict of either offence, yet it has been held that it is competent for the jury to have regard to such testimony when considering the second offence ; and where they convicted the defen- dant of the latter offence only, the conviction was upheld: cf.
What to read after The Criminal Evidence Act, 1898, With Introductory Chapter And Practical Notes?
You can find similar books in the "Read Also" column, or choose other free books by Butterworth, Arthur Reginald, 1850-1924 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Paul (1890), 0. 0. C. E., 25 Q. B. D. 202, at 210 ; 62 L. T.
845, at 848 ; 59 L. J. M. C. 138 ; cf. R. v. Fuidge (1864), L. & 0. 390 ; 33 L. J. M. 0. 74 ; for " each count is as it were a separate indictment" : per Black- bum, J., in Latham v. R. (1864), 6 B. & S. 635, at 642-3; 33 L. J. M. 0. 197, at 199; 9 Cox, 0. 0.
516. If the Judge fails to give such warning, and the defendant is convicted on the second count only, the conviction wOl be quashed: jB. v. Paul^ ubi supra.
If, however, instead... of there beiag two counts in the indictment, there is a single count, with respect to which the defendant's wife or husband can be and is called as a witness for the prosecution, and if it is competent for the jury, under a special statutory enactment, upon that indictment to find the defen- dant guilty of another offence, with respect to which the testimony of the wife or husband would not be admissible for the prosecution ; although without the testimony of the wife or husband there is not suffi- cient evidence to convict of either offence, yet it has been held that it is competent for the jury to have regard to such testimony when considering the second offence ; and where they convicted the defen- dant of the latter offence only, the conviction was upheld: cf.
What to read after The Criminal Evidence Act, 1898, With Introductory Chapter And Practical Notes?
You can find similar books in the "Read Also" column, or choose other free books by Butterworth, Arthur Reginald, 1850-1924 to read onlineMoreLess
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