King S Evidence - Law Dictionary Search Results
Home Dictionary Name: king s evidenceKing's Evidence
King's Evidence. See APPROVER....
Approver, or Prover
Approver, or Prover [fr. approver, Fr., to consent unto], an accomplice in crime who accuses others of the same offence, and is admitted as a witness as the discretion of the Court to give evidence against his companions in guilt. He is vulgarly called 'King's evidence.' This testimony must necessarily be of an unsatisfactory nature, and the practice is for Judges to leave it to juries with the direction not to believe it unless corroborated in some material particular by independent untainted testimony [In re Meunier, 1894 (2) QB 415]....
Autrefois acquit
Autrefois acquit (formerly acquitted), a plea in criminal cases; when a person is indicted for an offence and acquitted, he cannot be afterwards indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted on it; and if he be thus indicted a second time, he may plead autrefois acquit, which will be a good bar to the indictment. The true test, whether such a plea is a sufficient bar, is, whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first, R. v. Emden, (1808) 9 East, 437; R. v. King, 1897 (1) QB 214, explained and distinguished in Rex v. Barron, 1914, s. KB 570; Criminal Procedure Act, 1851 (14 & 15 Vict. c. 100), s. 28; and the (English) Evidence Act, 1851 (c. 99), s. 13....
Feodary, or feudary
Feodary, or feudary, an officer of the Court of Wards, appointed by the master of that Court, under 32 Hen. 8, s. 26, whose business it was to be present with the escheator in every county at the finding of offices of lands, and to give evidence for the king as well concerning the value as the tenure; and his office was also to survey the land of the ward, after the office found, and to rate it. He also assigned the kings; widows their dower, and received all the rents, etc. Abolished by 12 Car. 2, c. 24....
Gordon Riots
Gordon Riots, a series of violent 'No Poperty' disturbances which occurred in London in June, 1780, so called after Lord George Gordon, the President of the 'Protestant Association.' The authorities behaved with the utmost imbecility and for four or five nights abandoned the town to the fury of the mob, who amongst other outrages sacked and burned Lord Mansfield's house in Bloomsbury Square and destroyed his library and a priceless collection of manuscripts, many from the pen of Mansfield himself. At length the military were called in and the riots suppressed, but not until an immense amount of damage had been done. Lord George Gordon was indicted for high treason on the charge of levying war against the King. He was defended by Erskine and acquitted for want of evidence; see 21 St. Tr. 485; Lecky's Hist. of England in the Eighteenth Century, ch. xii. For an account of the riots, see Dickens's Barnaby Rudge; and Memoirs of Sir Samuel Romilly....
state's evidence
state's evidence : a participant or accomplice in a crime who gives evidence to the prosecution esp. in return for a reduced sentence used chiefly in the phrase turn state's evidence ...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
Fabricating false evidence
Fabricating false evidence, S. 192 (of IPC) defines compendiously the offence of fabricating false evidence. It reads thus:'Whoever causes any circumstances to exist... or makes any document containing a false statement intending that such circumstance..... or false statement may appear in evidence in a judicial proceeding..... and that such circumstance......... or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence, Dr. S. Dutt v. State of U.P., AIR 1966 SC 523 (527): (1966) 1 SCR 493.Whoever causes any circumstance to exist or makes any false entry in any book or record, (or electronic record) or makes any document (or electronic record) containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding,...
Criminal Evidence Act
Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...
- << Prev.
- Next >>