 If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did,...  A Treatise on the Law of Evidence in Scotland - Page 1050by William Gillespie Dickson - 1864 - 1268 pagesFull view - About this book
 | Henry Roscoe - 1888 - 830 pages
...the contents of the document may be proved by the admission of the witness. By 28 Viet. c. 18, s. 4, if a witness upon cross-examination, as to a former...made by him relative to the subject-matter of the indictment or proceeding and inconsistent with his present testimony, does not distinctly admit that... | |
 | Sir Henri Elzéar Taschereau - 1888 - 1294 pages
...if not relevant to the issue, the witness's answer is conclusive. — 2 Taylor Ev., par. 12(J5. 236. If a witness, upon cross-examination as to a former statement made by him, relative to the subject matter of the ca--e, and inconsistent with his present testimony, does not distinctly admit... | |
 | Henry Roscoe, Maurice Powell - 1891 - 924 pages
...affidavit, vide post, p. 185. But the point is now settled ; for the CLP Act, 1854, s. 23, provides that, " if a witness upon cross-examination as to...cause, and inconsistent with his present testimony, does not distinctly admit that he has made such rttatement, proof may bo given that he did in fact... | |
 | Natal (South Africa) - 1891 - 858 pages
...mentioned to the witness, and he must be asked whether or not he has made such statement. § 23. — If a witness, upon cross-examination as to a former...cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did, in fact,... | |
 | 1892 - 1284 pages
...neutralize its effect, (Attorney General v. Hitchcock, I Exch. 102;) and he may lie cross-examined as to a former statement made by him relative to the...cause, and inconsistent with his present testimony. If the case be such as to render evidence of opinion admissible and material, he may be asked, on cross-examination,... | |
 | Leeward Islands, Charles George Walpole - 1892 - 334 pages
...he has made such statement. 16. If a witness npon cross-examination as to a former statement n>ade by him relative to the subject-matter of the cause, and inconsistent with his present te.-timony, does not distinctly admit that he has made such statement, proof may be given that lie... | |
 | 1893 - 346 pages
...rightly rejected. The general rule is laid down in section 60 of the Evidence Act 1890 which provides " If a witness upon cross-examination as to a former statement made by him relative to the subject matter of the cause or prosecution and inconsistent with his present testimony does not distinctly... | |
 | Canada - 1893 - 1192 pages
...par. 1295. PHOOF OF CONTRADICTORY STATEMENT BY WITNESS. TO1- If a witness, upon cross-examination us to a former statement made by him relative to the subject-matter of the case and inconsistent with his present testimony, does not distinctly admit that lie did make such... | |
 | Claude Francis - 1895 - 314 pages
...prosecutor to contradict his own witness upon showing that he had previously made a different statement. 3. If a witness upon cross-examination as to a former...made by him relative to the subject-matter of the indictment or proceeding, and inconsistant with his present testimony, does not distinctly admit that... | |
 | India, Tarapada Banerji - 1896 - 738 pages
...Procedure Act lays down the procedure to be adopted in such cases, in section 23, which runs thus : " If a witness, upon cross-examination as to a former...statement made by him relative to the subject-matter of cause, and inconsistent with his present testimony, does not distinctly admit that he has made such... | |
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