A Brief for the Trial of Criminal Cases

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Laywers' cooperative publishing Company, 1902 - 814 σελίδες
 

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Περιεχόμενα

Judgment sustaining demur
42
DEMAND FOR LIST OF NESSES 1 Witnesses examined by grand jury
44
ses proposed to be called
45
MOTIONS TO QUASH 1 When to be made
46
Presence of the accused
51
Evidence illegal or insufficient
54
Formalities
57
Several defendants
58
One or more bad counts
59
Duplicity
61
Want of jurisdiction
62
how shown
63
Granting discretionary
65
Waiver by plea
66
ecution
73
From one Federal court to an other
74
From a state to a Federal court Federal question causes
75
denial of civil rights
76
Federal officers
77
time when
78
alienage
79
Joint defendants
81
For what causes
82
Clear case necessary
83
Counter affidavits
85
BILL OF PARTICULARS 1 In what cases ordered
86
When
87
PLEAS TO THE INDICT MENT I Plea to the jurisdiction 1 When proper
89
Acts without the territorial jurisdiction
90
Waiver
91
Requisites of plea
92
Change of name pending In dictment
93
Waiver
98
Evidence
99
Requisites of plea 10O IV Former jeopardy 15 Former jeopardy
100
Jeopardy when incurred
101
Effect of nolle prosequi
111
as to one of several counts
113
as to states evidence
114
Requisites of plea
115
Former acquittal or former conviction 22 The objection to be raised by plea
116
Test
118
being different offenses
121
misdemeanor
126
Implied acquittal of other de grees or counts
127
Jurisdiction of court
128
Sufficiency of indictment on former trial
129
Irregularity in drawing grand jury
130
Acquittal for variance
131
Informal verdict
132
Withdrawal of part of charge during trial
133
Civil judgment not pleadable
137
Requisites of plea of former
138
Time of pleading
139
When presented with a plea of not guilty
140
Substituting special plea for not guilty
141
Pleading over
142
qui tam prosecution
143
Nolo contendere 51 Not of right
144
Not to be conditional
145
Effect of plea
147
admits only the facts
148
Motion to strike out 62 Idle plea
149
Whole case
150
Uncertainty
151
Minor offenses
155
Appeal triable by jury not enough
157
Remedy for denial
158
Exclusion of inconvenient numbers 160
160
Exclusion on account of pub lic morality
161
SETTING DOWN FOR TRIAL 1 Absence of accused
162
Order of trials
163
When to be asked
164
Presence of the accused
165
Public excitement
166
Opportunity to prepare
167
Absence of counsel
168
Absence of the accused
170
Absence of witness or evi dence general rule
171
diligence burden of proof
172
confinement of the ac cused
173
prosecution not ex pected to be ready
174
witness whom the mag istrate admonished to at tend or the prosecution subpoenaed
177
reluctant witness
178
ability to procure the evi dence
179
incompetent evidence
180
Contents of affidavit as to ab sent witness or document
181
materiality disclosure of evidence
183
form of allegations
184
what witnesses
185
Court must not be influenced by personal knowledge 1SB
186
by admitting the desired facts
188
withdrawing admission on witness appearing
189
SEPARATE TRIALS 1 Discretionary
190
When to be asked
193
Opposition by codefendant
194
Expenses
195
Power of the court
198
SELECTING THE JURORS FROM THE PANEL RETURNED 1 Presence of the accused
200
ror
201
CHALLENGE TO THE AR RAY OR ENTIRE PANEL 1 Modern rule
202
Defects in venire or return
207
Challenging
208
Trying the challenge
209
74
210
Challenges for cause or to the favor
211
The right to challenge
212
What law applies
213
When to challenge
214
Interrogating proposed juror
215
after juror sworn
217
What questions allowable
218
limiting the inquiry
220
Adducing other evidence
221
Withdrawing
222
how constituted
223
burden of showing
224
Animosity
225
Bet pending
226
Character
227
Civil rights
229
Complainant etc in former criminal prosecution
230
Conscientious scruples
231
Convict
232
Exemption a personal privi lege
233
Freemason
234
11literacy
235
Intelligence of juror
236
disqualifies assertion of
249
on trial of another
266
Interrogation before peremp
273
Error to excuse one not
279
Separation
286
Defendants opening
292
PRESENCE AND OATH OF WITNESSES 1 Right to be confronted with witnesses
297
adversarys witness
299
Statute requiring names of witnesses heard by grand juries
300
as to rebutting witnesses
301
omitting to call them
302
Exclusion of witnesses
303
Order of proof 1 Each side in turn must ex haust his case
304
Right of rebuttal
308
Recalling for further examin ation or crossexamination
309
Witness not called in chief though requested
310
Precluding offer by conced ing fact
311
Adjourning to enable evi dence to be bad
312
Use of indictment and plea 11 Reading the indictment
313
Overruled plea
314
Calling for disclosure be fore swearing witness
315
for the adversary
316
Remoteness
317
Control of court over exam ination generally
318
over extent of examina tion 3
320
Limiting number of witnes ses
321
when protected from effect of disclosure
323
question for court
324
Questions generally
325
assuming facts not proved
326
Hypothetical questions
328
Leading questions
330
to ones own witness
331
Answers
332
Direct examination adverse party
333
Crossexamination the right
334
how far limited to direct
335
witnesses to opinions
337
to test credibility
339
Redirect examination
343
Recrossexamination 344
345
Use of memoranda to refresh recollection
346
Ruling on offers and orjections 51 Questions how tried
350
Hearing in presence of jury
351
Striking out 54 Right to strike out
352
RULES OF EVIDENCE I Accomplice as a witness
353
Competency for the prosecu tion discretion of court 359
359
joint trial 362
362
separate trials
363
joint indictment
364
how made competent
366
Effect of plea or verdict 3it 8 Consent of court
367
of witness
368
Right to prove agreement to testify
369
n Accounts and papers 14 Compulsory production
370
Accused as a witness 16 Accused as a witness com petency
371
What law applicable in United States court
380
Rights as a party
381
explanations of intent
382
Court may interrogate
383
relevant to the issue irre spective of limits of direct
384
Recalling for further cross examination
397
exceptions to the rule
398
Impeaching by other witnes ses
399
by proof of conviction of felony
400
Admissions 41 Distinction between admis sion and confession
401
Date of admission
402
Statements by accused to the court
403
impeaching such wit ness
404
Admission by counsel
405
by prosecutor
406
Rebuttal
407
Admission contradicted by disproof of fact admitted
408
falsity cannot be shown if not relevant
409
contradicting
410
exceptions fact common to both offenses
411
Attempts 62 Attempt at previous com mission
413
Collateral facts
414
on crossexamination
415
Preliminary examination and confessions
416
Recorded instrument
418
Official character
419
how laid by prosecution
420
existence of better evi dence must clearly appear
421
time of service
422
Books 88 Books of science
423
Competency for defense
424
disposition not competent in excuse
425
rebuttal confined to specif ic trait
426
Qualification of witness
427
Actual disposition not com petent
428
explaining
429
Doubt not necessary
430
What are confessions within the rule as to voluntari ness gestures
432
incriminating another
434
written and separate oral confession
435
denial of guilt
436
Preliminary question to be tried by judge
437
Presence of jury
438
Right to adduce other evi dence
439
consciousness of danger 446
440
confession to officer while in custody
441
illegal custody
442
answering questions 443
443
previous advice
444
expectation of leniency
446
Broken promise to turn states evidence
448
Intoxication at the time of confession
450
liquor furnished by offi cer
451
Qualification of witness to prove confession
452
Confession of another offense
453
Testimony of accused to his own mental state
454
Subsequent disclosure of non voluntariness 455
455
Crossexamining accused
456
Refusal to allow search
457
Confronting with conse quences of crime
458
Unsuccessful inquiry 460
460
Means of flight
461
refraining from flight or returning
462
Explaining absence from the trial
463
Conviction how shown as af fecting credibility
464
Order of proof
465
Evidence of corpus delicti not incompetent merely be cause relating to the ac cused
466
Criminal intent
467
Rebuttal
468
Order of proof
469
Statements before the offense
470
Declarations of intent in act about to be done
471
Except as part of the res get tce
472
explanation of possession
473
Limit of time
475
Antecedent declarations
476
Guilt of declarant as against himself names of others
477
Assent of one to confession by the other
478
Preliminary proof
479
Decoys detectives informers AND SPIES AS WItNESSES 185 Competency
482
Participation when a de fense
483
Encouragement by complain ant
484
Demeanor 190 Competency
485
Belief in impending death
486
Nearness of death
487
Declarations consisting of opinions etc
488
Estoppel 199 Not applicable in criminal cases
490
but not by imputations against the accused
491
Evidence of experiments out of court
493
Flight 204 Competency
494
Former acquittal or convic tion of accomplice
495
Evidence of identity of ofTense necessary
496
General issue 209 Effect
497
Good faith 210 When competent
498
Insanity 211 Insane witness
499
Hereditary insanity
500
Evidence freely received
501
Opinion of expert as to mental soundness
502
of ordinary witness
503
Rebutting
504
Exhibiting person identity
505
Legitimacy parentage
506
Inspection of defendanta per son compulsory
507
comparison compulsory
509
voluntary
510
Comparison by witnesses oth er than the accused
511
Photographs
512
Diagrams
513
Intent and knowledge 236 Other offenses
514
connection of the offenses
523
in point of time
525
Presumption of previous knowledge or intent
526
Repelling presumption of mis take
527
Neglect deemed intentional
528
Falsity of declarations of ac cused
530
fact
531
248 Circumstantial evidence in re buttal
532
Testimony of the accused as to his intent
533
Intoxication 250 As bearing on intent
534
Susceptibility to intoxicants
535
Letters Incriminating letters 536 page 254 by possession and hand writing of accused
536
Mitigation 255 Where jury fix punishment
537
Competency
538
Order of proof
542
Details of controversy 513
543
Crossexamination
544
ishment
545
Res gestae 266 Connection with the event
546
The whole res gestae admissi ble
550
Previous declarations
551
Declarations depending on the credit of the declarant
552
Slight corroboration compe tent
553
Declarations of another as to intent in contemplated act
554
Act admits conversation
555
Second offense 277 Competency
556
Limitations
557
although under arrest
559
statements made by one who is not a competent witness
561
Unauthorized examination
562
Witness must have heard re sponse if any
563
Explanation of silence con sistent with innocence
564
Authentication
565
Tampering with witness or juror 295 Competency of evidence of
566
Supplying testimony of wit ness kept away
567
Testimony of accused as a witness at the inquest
570
Testimony on former trial of same cause
571
Falsity of testimony on for mer trial
572
on preliminary examina tion
574
What is former trial
575
Omission of crossexamina tion
576
Bill of exceptions
577
Substance enough
578
remoteness
579
ambiguousness
580
Witness hearing only part
581
Acts and gestures
582
anticipatory rebuttal
583
Venue 319 Hearsay
585
Offense in or partly in an other jurisdiction
586
Who may point out the place
587
TAKING THE CASE FROM THE JURY 1 Withdrawing a juror
590
failure to support opening
592
No power to direct conviction
593
of prosecuting attorney
594
When made
596
Right to be heard on the whole case
599
Reading scientific books
600
Objections when and how taken
601
Comments on defendants failure to testify
602
on failure to prove good character
603
Personal belief or knowledge of prosecuting attorney
605
Arguing from facts not in evi dence
606
Alluding to defendants fail ure to examine a witness
607
to the presumption from possession of stolen goods
608
xvii
610
Language 23l
613
Requiring charge to be
618
Requisite cogency of evidence
624
Cautioning the jury
630
jeopardy acquittal or con viction
635
Jury not concluded as to vol
639
Confessions
645
Witnesses who have been
651
Explaining omission to adduce
657
Lack of selfcontrol
663
Intent
671
Circumstantial evidence
677
Limiting effect of evidence
683
Special verdict
700
used but not in evidence
706
Inducing agreement
714
of court or a judge
720
Stating degree
726
writing 413
764

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Δημοφιλή αποσπάσματα

Σελίδα 137 - 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.
Σελίδα 375 - ... person so charged shall, at his own request, but not otherwise, be deemed a competent witness; and his neglect or refusal to testify shall not create any presumption against him.
Σελίδα 379 - Columbia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Σελίδα 695 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Σελίδα 389 - A person who has been convicted of a crime or misdemeanor is. notwithstanding, a competent witness in a civil or criminal action or special proceeding: but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by the record, or by his cross-examination, upon which he must answer any question, relevant to that inquiry ; and the party cross-examining him is not concluded, by his answer to such a question.
Σελίδα 122 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Σελίδα 372 - No person shall be disqualified as a witness in any criminal case or proceeding by reason of his interest in the event of the same, as a party or otherwise, or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility...
Σελίδα 667 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Σελίδα 282 - You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.
Σελίδα 374 - no person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party, or otherwise, or by reason of his conviction of a crime ; but, such interest or conviction may be shown for the purpose of affecting his credibility.

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