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" That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt. "
The Pacific Reporter - Page 120
1903
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...of an accomplice ought to be viewed with distrust, and the oral admissions of a party with caution : 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases, guilt must be established beyond reasonable doubt ; 6. That evidence...
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The Code of Civil Procedure of the State of California, Volume 2

California - Civil procedure - 1872 - 698 pages
...VOL. II. Samo. viewed with distrust, and the evidence of the oral admissions of a party with caution; 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt . must be established beyond reasonable doubt; 6. That evidence...
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...distrust, and .the evidence of the oral admissions of a party with caution; 5. That in civil cases tlic affirmative of the issue must be proved, and when...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt; 6. That evidence...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 774 pages
...party with caution. 5. That in civil cases the affirmative of the issue must be proved, and when tbe evidence is contradictory the decision must be made according to the preponderance of evidence ; that in criminal cásea guilt must be established beyond reasonable doubt. 6. That evidence...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; r before the court at a time not more than ten nor...and on that day or some other subsequent day, not evidence; that in criminal cases guilt must be established beyond reasonable doubt; 6. That evidence...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - Civil procedure - 1876 - 888 pages
...of the oral admissions of a party with caution. 5. That in civil cases the affirmative of the issne must be proved, and when the evidence is contradictory...decision must be made according to the preponderance of evidence ; that in criminal cases guilt must be established beyond reasonable doubt, 6. That evidence...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - Criminal law - 1881 - 820 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt; G. That evidence...
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The Penal Code of California: Enacted in 1872; as Amended in 1889

California - Criminal law - 1881 - 878 pages
...be viewed with distrust, and the evidence of the oral admissions of a party with caution. 5. That iu civil cases the affirmative of the issue must be proved,...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt. U. That evidence...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 2

Law reports, digests, etc - 1884 - 1006 pages
...code above referred t», the jury is to be instructed by the court, " on all proper occasions," that when the evidence is contradictory the decision must be made according to the preponderance of evidence. This evidently refers to all cases where the decision of the jury is final as to the facts....
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The General Principles of the Law of Evidence: With Their Application to the ...

Frank Sumner Rice - Civil procedure - 1892 - 832 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; " 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable •doubtj " 6. That evidence...
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