A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 1 |
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Common terms and phrases
accused action admissible admitted allowed answer appear argument asked attorney Bank called cause challenge character circumstances Code committed common law competent Conn contempt contract conviction counsel criminal cross-examination defendant defendant's dence direct examination discretion error evidence examination give Gratt Gray Mass Greenl ground habeas corpus held impeaching incompetent evidence indictment Iowa issue Jones judge judgment jurisdiction juror jury justice Law Rep matter ment Minn Miss Missouri ness objection Ohio St opinion party peremptory challenges permitted person plaintiff prejudice privilege produce proof proper prosecution prove purpose question of fact reason refuse rule Smith South Stat statement statute subpoena duces tecum supra Supreme Court sworn tending Tenn testify testimony tion trial court venire-man verdict voir dire waived Wend witness writ
Popular passages
Page 648 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles...
Page 828 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 363 - ... it is not an abuse of discretion for the trial court to refuse to...
Page 738 - When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it inay order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose.
Page 574 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
Page 405 - Where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of the original concerted...
Page 407 - Though a witness can testify only to such facts as are within his own knowledge and recollection, yet he is permitted to refresh and assist his memory, by the use of a written instrument, memorandum or entry in a book, and may be compelled to do so if the writing is presented in court.
Page 901 - The construction of all written instruments," said Baron Parke, "belongs to the court alone, whose duty it is to construe all such instruments as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury...
Page 229 - To bind his client in any of the steps of an action or proceeding by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise; 2.
Page 617 - A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character...