This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...by showing that he had previously given to others a true account.9 So, also, the suppression, destruction or concealment of evidence by the accused will suffice to raise the presumption of guilt;10 and so will his failure or omission to produce evidence or testimony which is within his power, and inaccessible to the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...by showing that he had previously given to others a true account.9 So, also, the suppression, destruction or concealment of evidence by the accused will suffice to raise the presumption of guilt;10 and so will his failure or omission to produce evidence or testimony which is within his power, and inaccessible to the state, to explain facts established by the state against him; the inference being that, if produced, such evidence would weigh against him.11 Iint no presumption arises from the failure of the accused to testify in his own behalf,12 or from his omission to call an alleged accomplice to testify for him.18 The failure to deny a direct charge of crime is also indicative of guilt;14 aud so is defendant's partial concealment of himself when an attempt is made to identify him.16 (3) Presumption of innocence. An infant between the age of seven aud fourteen is presumed to be innocent by reason of incapacity to commit crime, until the state shows that he had such capacity;16 above fourteen capacity is presumed, but t he assumption is subjected to the effect of the proof.17 In the absence of evidence, however, the presumption is that a person is an adult.18 So it is never necessary to prove a prisoner's sanity; every person is presumed to be of sound mind until the contrary is made to appear.19 1 Jerntgan c. State, 10 Tex. App. 546. 2 United States c. Furlong, l6 Pitts. L. J. 213. 3 State c. banks, 43 Iowa, 999. 4 Murdockc. S: ate, 63 Ala. 967. 9 People r. Dixon, 4 Parker Cr. C.SM; State v. Mills, 2 Dev. 421. 6 Lawrence r. State, 63 Ga. 289; State v. Heaton, 77 N. C. 505. 7 State r. Bcnncr, 64 Me. 267; State v. Glllts, 4 Dev. 606. 8 U. S. v. Randall, Dcady, (U. S.) 524. 9 Com. v. Goodwin, 14 Gray, 66. 10 Miller v. People, 39 1ll. 457. 11 S'ato v. R-'d: n in...
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Add this copy of A treatise on criminal procedure. to cart. $38.16, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
