Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...is included in the same indictment will impair his testimony, and that his testimony should not be placed on the same plane or footing with that of a witness of undoubted character who is disinterested," is error, as indicating the opinion of the court on the facts. State v. Jenkins, 85--544. J 3-S, S (20) Mere Suspicion is not Evidence. Where there is no evidence, or where the evidence is so slight as not reasonably to warrant the inference of the defendant's guilt or to furnish more than materials for mere suspicion, it is error to leave the issue to be passed upon by the jury, and they should be directed to acquit. State v. Rice, 83--661. (21) Abstract Propositions of Law. The language of a judge in his charge to the jury is to be read with reference to the evidence and points in dispute at Judge's Charge, continued. the trial, and, of course, construed in reference to the context. And while abstract propositions of law may not be free from error, yet, when considered in their application to the evidence before the jury, they are not erroneous. State v. Boon, 82-637. UyA'7&&# 73-6/$ JUDGMENT. DECISIONS: (1) Irregular and Erroneous Judgments. (2) Entering Reverse Verdict of that Rendered. (3) Alternative Judgments. (4) Recalling Judgment; Part Punishment. (1) Irregular and Erroneous Judgments. An irregular judgment may be set aside at a term subsequent to that at which it was rendered; but an erroneous judgment must be corrected by appeal or certiorari. State v. Horton, 89--581. (2) Entering Reverse Verdict of that Rendered. Where a jury rendered a verdict of guilty, subject to the opinion of the court--upon a case agreed--and the court set aside the verdict and directed a verdict of not guilty to be entered: Held, that, ...