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" But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected. "
The Law of Evidence as Administered in England and Applied to India - 583. oldal
szerző: Joseph Goodeve - 1862 - 658 oldal
Teljes nézet - Információ erről a könyvről

A General Abridgement of Law and Equity: Alphabetically Digested ..., 12. kötet

Charles Viner - 1801 - 484 oldal
...flattery of hope or the torture of fear, it comes in fo qutftionable a fhape when it is to be confidered as the evidence of guilt, that no credit ought to be given to it ; and therefore it is to be rrjeûed. But facts, whetl.erthe knowledge of them is obtained in confequence of an extorted...

The Rules of Evidence on Pleas of the Crown: Illustrated from ..., 1. kötet

Leonard MacNally - 1802 - 420 oldal
...flattery of hope or the torture of fear, comes in fo queftionable a fhape, when it is confidered as evidence of guilt, that no credit ought to be given to it, and therefore it is rejected. Warrickftair s cafe, Leach. Cr. ca. 2 Ed. 222. 3 Edit. 298. Therefore in THOMAS VAUGHAN'S...

Cases in Crown Law: Determined by the Twelve Judges, by the Court ..., 1. kötet

Great Britain. Courts - 1815 - 704 oldal
...the crime to which it refers ; but a confession forced from the 17S3. mind by the flattery of hone, or by the torture of fear, comes in so questionable...credit ought to be given to it; and therefore it is rejected («). This principle respecting confessions has no application whatever as to the admission...

A Practical Guide, to the Quarter, and Other, Sessions of the Peace: Adapted ...

William Dickinson - 1815 - 488 oldal
...and" a confession forced from the mi ml, by the flattery of hope, or by the torture of apprehension, comes in so questionable a shape, when it is to be...no credit ought to be given to it ; and therefore confessions so extorted are rejected. However, if any facts_are discovered, in consequence of even...

Cases in Crown Law: Determined by the Twelve Judges, by the Court ..., 1. kötet

Thomas Leach - 1815 - 706 oldal
...therefore it is admitted as proof of the crime to which it refers ; but a confession forced from the 1783. mind by the flattery of hope, or by the torture of...questionable a shape when it is to be considered as the WA1|tCK" evidence of guilt, that no credit ought to be given to it; and o CASE. ' * therefore it is...

A Practical Treatise on the Criminal Law: Comprising the Practice ..., 1. kötet

Joseph Chitty - 1819 - 852 oldal
...guilt (w). A confession so obtained is not rejected from a regard to public faith, but, because, when forced from the mind by the flattery of hope, or by the torture of fear, it comes in so questionable a shape, that no credit should be given to it by a jury (x). The justice...

A Practical Treatise on the Criminal Law: Comprising the Practice, Pleadings ...

Joseph Chitty - 1819 - 752 oldal
...b. 2. c. 46. s. 36. Crim. Law. VOL. i. H rejected from a regard to public faith, but, because, when forced from the mind by the flattery of hope, or by the torture of fear, it comes in so questionable a shape, that no credit should be given to it by a jury, (x) The justice...

A Practical Guide to the Quarter Sessions and Other Sessions of the Peace ...

William Dickinson - 1820 - 922 oldal
...rejected as inadmissible, under a consideration, whether they arc, or are not, entitled to credit : and a confession forced from the mind, by the flattery of hope, or by the torture of apprehension, comes in so questionable a shape, when it is to be considered as the evidence of guilt,...

The Justice of the Peace, and Parish Officer, 1. kötet

Richard Burn - 1820 - 894 oldal
...evidence. For the law will not suffer a prisoner to be made the deluded instrument of his own conviction. A confession forced from the mind by the flattery of hope, or pcr cur. by the torture of fear, comes in so questionable a shape, when it K. v. Jane is to be considered...

A Practical Treatise on the Criminal Law: Comprising the Practice ..., 1. kötet

Joseph Chitty - 1826 - 1018 oldal
...guilt (a). A confession so obtained is not rejected from a regard to public faith, but, because, when forced from the mind by the flattery of hope, or by the torture of fear, it comes in so questionable a shape, that no credit should be given to it by a jury (b). The justice...




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