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" In answer thereto, we state to your Lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth... "
Blackwood's Edinburgh Magazine - Page 494
1850
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The Indian Penal Code: And Other Acts of the Governor-general Relating to ...

India - Criminal law - 1898 - 1152 pages
...asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questionsare not questions upon a mere matter of science, in which case such evidence is admissible....
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1900 - 888 pages
...asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is...case such evidence is admissible. But where the facts admitted are not disputed, and the question becomes substantially one of science only, it may be convenient...
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A Selection of Cases on Evidence at the Common Law

James Bradley Thayer - Evidence (Law) - 1900 - 1296 pages
...asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is...are not mere questions upon a matter of science, in wliic'h case such evidence is admissible. But where the facts are admitted or not disputed, and the...
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A Selection of Cases Illustrative of English Criminal Law

Courtney Stanhope Kenny - Criminal law - 1901 - 574 pages
...his opinion in the terms above stated ; because each of those questions involves the determination of the truth of the facts deposed to, which it is...the question becomes substantially one of science only, it may .be convenient to allow the question to be put in the general form ; though the cannot...
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The Criminal Law of India

John Dawson Mayne - Criminal law - 1904 - 1186 pages
...asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is...the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form, though the same cannot...
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Archbold's Pleading, Evidence, & Practice in Criminal Cases: With the ...

John Frederick Archbold, John Jervis - Criminal procedure - 1905 - 1582 pages
...asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is...the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form, though the same cannot...
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The Criminal Code and the Law of Criminal Evidence in Canada: Being an ...

Canada, W. J. Tremeear - Annotations and citations (Law) - 1908 - 1100 pages
...under any and what delusion at the time, because each of those questions involves the determination of the truth of the facts deposed to. which it is...the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form, though the same cannot...
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Cases on Criminal Law: Selected from Decisions of English and American Courts

William Ephraim Mikell - Criminal law - 1908 - 638 pages
...asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is...questions upon a matter of science, in which case * Accord: As to delusion, State v. Lyons, 113 La. 950, 37 South. 800 (1904). such evidence is admissible....
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Medical jurisprudence, forensic medicine and toxicology v. 3, 1909, Volume 3

Rudolph August Witthaus - 1909 - 1074 pages
...be asked his opinion in the terms stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide; and the questions arc not mere questions upon a matter of science, in which case such evidence is admissible. But where...
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Legal Medicine

Gilbert Holland Stewart - Medical jurisprudence - 1910 - 536 pages
...the province of the jury; and the questions are not mere questions upon matters of science. But when the facts are admitted or not disputed, and the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form although the same cannot...
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