Why Some Men Kill; Or, Murder Mysteries Revealed1919 - 121 էջ |
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Why Some Men Kill: Or Murder Mysteries Revealed (Classic Reprint) George A. Thacher Դիտել հնարավոր չէ - 2017 |
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Էջ 81 - An inference must be founded: 1. On a fact legally proved; and, 2. On such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature.
Էջ 76 - Motive is an inducement, or that which leads or tempts the mind to indulge the criminal act. It is resorted to as a means of arriving at an ultimate fact, not for the purpose of explaining the reason of a criminal act which has been clearly proved, but from the important aid it may render in completing the proof of the commission of the act when it might otherwise remain in doubt. With motives, in any speculative sense, neither the law nor the tribunal which administers it has any concern.
Էջ 77 - In determining a question of fact from circumstantial evidence, there are two general rules to be observed: (1) The hypothesis of delinquency or guilt should flow naturally from the facts proved, and be consistent with them all. (2) The evidence must be such as to exclude, to a moral certainty, every hypothesis but that of his guilt of the offense imputed to him ; or, in other words, the facts proved must all be consistent with and point to his guilt not only, but they must be inconsistent with his...
Էջ 77 - It is in cases of proof by circumstantial evidence that the motive often becomes not only material, but controlling, and in such cases the facts from which it may be inferred must be proved. It cannot be imagined any more than any other circumstance in the case.
Էջ 13 - As a thorn goeth up into the hand of a drunkard, so is a parable in the mouth of fools. 10 The great God that formed all things both rewardeth the fool, and rewardeth transgressors.
Էջ 11 - In all criminal cases whatever, the jury shall have the right to determine the law and the facts, under the direction of the court, as to the law, and the right of new trial, as in civil cases.
Էջ 78 - The employer and insurer pray the court to rule as a matter of law that there is no evidence in this case legally sufficient to show that claimant was dependent upon her deceased son, Augustus Kotwall, for support at the time of his death, May 9, 1916.
Էջ 35 - The prisoner's counsel had urged that the prisoner's motive, in going to a place near the scene of the murder at the time it was committed, might have been curiosity and not that he might aid the murderer. "Curiosity...
Էջ 77 - First, the hypothesis of guilt should flow naturally from the facts proved, and be consistent with them all; second, the evidence must be such as to exclude, to a moral certainty, every hypothesis but that of his guilt of the offense imputed to him; or, in other words, the facts proved must all be...
Էջ 76 - The case being one of circumstantial evidence wholly, proof of the existence of a criminal motive in the mind of the prisoner to commit the act was essential to making out a case against him which would justify a verdict of guilty.