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" When the fact itself cannot be proved, that which comes nearest to the proof of the fact, is the proof of the circumstances that necessarily and usually attend such facts, and called presumptions ; and not "
Famous Cases of Circumstantial Evidence: With an Introduction on the Theory ... - Seite xxxiv
von Samuel March Phillipps - 1874 - 294 Seiten
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An introduction to the study of moral evidence

James Edward Gambier - 1808 - 238 Seiten
...house, with a bleeding wound, apparently made •f In Gilbert's Law of Evidence, it is said, that " when the «' fact itself cannot be proved, that which...of the fact, is the proof of the circumstances that neces" sarily, and usually attend such facts." But, it should seem, that what affords a safe ground...
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An Introduction to the Study of Moral Evidence: Or, of that Species of ...

James Edward Gambier - 1808 - 276 Seiten
...-r In Gilbert's J aw of Evidence, it is said, that " when the " fact itself canno' be proved, tliar which comes nearest to the " proof of the fact, is the proof of thecitcumstances that neces<' sarily, and usu-illy attend such facts." But, it should seem, that what...
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A Compendium and Digest of the Laws of Massachusetts, Band 2,Teil 1

Massachusetts, William Charles White - 1810 - 208 Seiten
...doctrine of presumptions must take place: for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances which either necessarily, or usually, attend such facts ; and these are called presumptions,...
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A Treatise on the Law of Evidence, Band 1

Samuel March Phillipps - 1822 - 644 Seiten
...not to be trusted. Chief Baron Gilbert, therefore, considers it a higher species of proof. He says, " When the fact itself cannot be proved, that which...proof of the fact is the proof of the circumstances which necessarily or usually attend such facts; and which are called presumptions and not proofs, for...
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An introduction to the study of moral evidence

James Edward Gambier - 1824 - 364 Seiten
...fact inferred from them had existed also. It is, indeed, said, in Gilbert's Law of Evidence, that, " when the fact itself cannot be proved, that which...circumstances that necessarily and usually attend the fact." But the correctness of this position may be doubted. For what affords a safe ground to infer...
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Gifford's English lawyer; or, Every man his own lawyer, by John Gifford

Alexander Whellier - 1825 - 836 Seiten
...doctrine of presumptions, must take place : for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances which either necessarily or usually attend such facts; and these are called presumptions,...
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Commentaries on the laws of England. [Another], Band 3

sir William Blackstone - 1825 - 568 Seiten
...doctrine of presumptions must take place; for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances as either necessarily or usually, attend such facts; and these are called presumptions,...
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Practical Remarks on the Proceedings of General Courts Martial

Vans Kennedy - 1825 - 394 Seiten
...doctrine of presumptions, must take place. Yor when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances as either necessarily or' usually attend such a fact; and which may furnish' such...
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A Treatise on Crimes and Indictable Misdemeanors, Band 2

William Oldnall Russell - 1828 - 836 Seiten
...Presumptive Evidence. WHEN a fact itself cannot be proved, that which comes nearest to Presumptiva the proof of the fact is, the proof of the circumstances that ne- or drcumcessarily or usually attend such facts, and are called presump- * tions, not proofs, for...
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Guide to the Study of Moral Evidence: Or of that Species of Reasoning, which ...

James Edward Gambier - 1834 - 268 Seiten
...said, that' when the fact itself cannot be proved, lliat which conres nearest to the proof uf the fuel, is the proof of the circumstances that necessarily, and usually attend such facts.' But, it should seem, that what affords a safe ground to infer the fact, is, not that, if the fact did...
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