The Juryman's Guide Throughout the State of New-York; And Containing General Matter for the Lawyer and Law Officer

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. 1831 Excerpt: ... increase the strength of the proof (for, as the whole depends on the veracity and truth of the witness, when that fails, the whole fails.). 5. Direct evidence shall not be held refuted from being opposed to circumstances incongruous, or not tallying with that evidence, (because a certain degree of incongruity is incident to every man's conduct.) (to) 2 Stra. 1214. 135. Or) 4 Esp Ca. 41.? Stra. 706. (z) 1 T. R. 20. 8 T. R. 610 a Ld. Raym. 444. (a) Theory of presumptive proof. (y) Salk. 16. see Bull. N. P. $c. 57. 6. The judge., in summing up, shall assume no factor cir-Chap. XII. cumstance as proved; but shall state the whole hypotheti-, s catty and conditionally; leaving it entirely to the jury to determine how far the case is made out to their satisjac tion. 7. The difficulty of proving the negative shall, in all cases, be alloived due weight (but the silence of the prisoner as to facts, which, if innocent, he might have explained, shall be held an argument against him). 8. The counsel for the prisoner shall be allowed to object freely to the production of any evidence, as not proper to go to the jury, or as not being of legal credence (the liberty of objecting to any piece of evidence ought, on every occasion, to be strenuously exerted; as supplying, in a great measure, the right of making the defence). 9. The jury shall be as fully convinced of the guilt of the prisoner, from the combination of circumstances, as if direct proof had been brought. 10. Where the body or weight of the act is distinctlysworn to, a variation in the circumstances does not destroy the proof. 11. Where the leading fact or crime is only to be collected from circumstances, a material variation in these will dejeat the effect of the whole. 12. There being no repugnance or contradict..