 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 1201903Full view - About this book
 | California. Superior Court (San Francisco). Probate Dept - Probate law and practice - 1902 - 614 pages
...presumption or other evidence satisfying the mind ; and the same section of the code also prescribes that in civil cases the affirmative of the issue must...decision must be made according to the preponderance of evidence. Application denied. Estate of PATRICK CLANCY, Deceased. [No. 4750. Decided May 23, 1894.]... | |
 | California - Civil procedure - 1906 - 1130 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; 6. That in civil cases the affirmative of the issue must...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond a reasonable doubt; 6. That evidence... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1144 pages
...3390 of the Code of Civil Procedure provides that in all proper cases the jury shall be instructed that in civil cases the affirmative of the issue must...made according to the preponderance of the evidence; that in criminal cases guilt must be established beyond a reasonable doubt. Without analyzing the instruction... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1911 - 1000 pages
...affirmative of the issue must be proven. The affirmative of the issue in this case is upon the plaintiff. If the evidence is contradictory, the decision must be...made according to the preponderance of the evidence. It is your duty, however, if possible, to reconcile such contradiction, if any there be, with testimony... | |
 | Law reports, digests, etc - 1911 - 1000 pages
...affirmative of the issue must be proven. The affirmative of the issue in this case is upon the plaintiff. If the evidence is contradictory, the decision must be...made according to the preponderance of the evidence. It is your duty, however, if possible, to reconcile such contradiction, if any there be, with testimony... | |
 | Robert Y. Hayne - Appellate procedure - 1912 - 1146 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 a reasonable doubt; "6. That evidence... | |
 | Curtis Hillyer - Electronic books - 1912 - 1084 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 a reasonable doubt; 6. That evidence... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1914 - 964 pages
...JURY. — An instruction to the jury in an action for the injuries sustained by such pedestrian that "the affirmative of the issue must be proved, and...decision must be made according to the preponderance of evidence. The weight of evidence, or preponderance of probability, is sufficient to establish a fact... | |
 | California - California - 1915 - 1528 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 a reasonable doubt: 6. That evidence... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1915 - 984 pages
...evidence (Code Civ. Proc., sec. 2061, subd. 5), which directs that when the evidence in a civil case is contradictory the decision must be made according to the preponderance of evidence, contemplates that the court will be controlled by the weight of the evidence, as indicated... | |
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