The Theory And Practice of the Law of Evidence

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V. Jones (1827) 2 C. & P. 629.
(»«) Williams v. Innes (1808) 1 Camp. 364, and cases there referred to ; cp.
Daniel v. Fit (1809) 2 Pea. 238 ; Gardner y. Moult (1839) 10 A. & E. 464.
{n) Briclcell v. Sulse (1837) 7 A. & E. 454; Biehards v. MorgoM (1863) 33 L. J. Q. B. 114 ; see p. 103 above.
Chap. II. § 5, ADMISSIONS. 113 party calls at the trial are not his agents within the meaning of this rule (o).
In civil and criminal cases alike it is of course necessary to give some evidence of the agency
.... But inasmuch as in criminal cases the agency, which generally involves conspiracy, is often only to he inferred from the correspondence exhibited in the acts of the parties indicating a joint purpose, it has been repeatedly held that it is no objection to the admissibility of facts tendered in evidence to prove a criminal conspiracy that it consists in part of the very acts which are charged as criminal {p).
(a) Ordinary Business Agents. — An agent is generally a person employed to perform certain classes of acts on behalf of his principal.


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