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.
1915 Excerpt: ...in addressing the jury deemed it necessary by
argumentum ad hominem to remind them that any verdict they might
render against the defendant would have to be borne, as a penalty,
so to speak, by the traveling public. Objection is urged to the
allusion made to this argument by the trial court, in which the
court quite properly reminded the jury of the fact that they were
charged by law only with the duty of deciding the case, according
to the evidence before them. Tills instruction we conceive states
the rule of law properly, and its restatement, while entirely
discretionary with the court, was at the particular exigency nei
ther untimely nor unseemly. The judgment will be affirmed. STATE v.
SCHAEFFER. (No. 48.) (Court of Errors and Appeals of New Jersey.
June 14, 1915.) 1. Rape -5=48--Evidence--Complaint Bt Prosecutrix.
In a prosecution for rape, the fact that the woman made complaint
is admissible in evidence, not as corroboration of the facts to
which she testifies, but to meet in advance a self-contradiction in
her conduct which, if unexplained, would discredit her as a
witness. Ed. Note.--For other cases, see Rape, Cent. Dig. 67-69;
Dec. Dig. g=48. 2. Criminal Law S=1036--Appeal--NecesSity or
Objection--Remarks Of Trial Court. Where no objection was made to
the court's remarks in the presence of the jury in refusing to
strike testimony, error therein could not be considered on appeal.
Ed. Note.--For other cases, aee Criminal Law, Cent. Dig. 1631-1640,
2639-2641; Dec. Dig. =1030. 3. Rape
8=4S--Evidence--Complaint--ReMoteness. Where prosecutrix, 8 or 10
hours after the alleged rape in the afternoon, made complaint when
her sister called in the evening, the aister's testimony thereto
was admissible in evidence; any delay...
|Country of origin:
West Publishing Company
||246 x 189 x 58mm (L x W x T)
||Paperback - Trade
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