 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
 | Canada - 1907 - 476 pages
...have been signed by the witness. (23) Sec. 11. Cross,examination as to previous oral statements. — If a witness, upon cross,examination as to a former...made by him relative to the subject,matter of the case and inconsistent with his present testimony, does not distinctly admit that he did make such statement,... | |
 | William John Dixon - 1908 - 590 pages
...examination-in-chief (c). It does little good, as a rule, and may do much harm. Contradictory statements. — If a witness, upon crossexamination 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 make... | |
 | George Stuart Robertson - 1908 - 1068 pages
...must be 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 statement made by Proof of conhim relative to the subject matter of the cause, and inconsistent with his tradwtory present... | |
 | W. Valentine Ball - 1909 - 340 pages
...layman. § 12. Previous statements of witness. — A witness may be cross-examined as to any previous statement made by him relative to the subject-matter...cause, and inconsistent with his present testimony ; and if he either denies or does not admit it, proof may be given that he did make it (Common Law... | |
 | R. M. Hennessy - 1910 - 1040 pages
...must be mentioned to the witness, and he must be asked whether or not he has made such statement. 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... | |
 | William Blake Odgers - 1911 - 1120 pages
...issue " (H). This rule was subsequently embodied in the Criminal Procedure Act, 1865 (o), which enacts that — " If a witness, upon cross-examination as...made by him relative to the subject-matter of the indictment or proceeding, and inconsistent with his present testimony, does not distinctly admit that... | |
 | Great Britain. Court of Criminal Appeal - 1916 - 374 pages
...ROBINSON. Ridley J. 1914 19 October. SJ'.IIAM YoUSRY. Lord Coleridge J Scruttou J. Shearman J. 20 October. witness, upon cross-examination as to a former statement...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 James Fitzjames Stephen - 1918 - 1032 pages
...must be 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 made such statement, proof may be given that he did in fact make... | |
 | Henry Roscoe, Herman Cohen - 1921 - 1368 pages
...is stopped, the writing must be itself produced.' The Criminal Procedure A. 1865] By 28-9 V. 18, 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... | |
 | Henry Roscoe, James Sands Henderson - 1922 - 812 pages
...v. Smith, M. & M. 474. By the Crirn. P. Act, 1865, se. 1, 4 (replacing the CLP Act, 1854, s. 23), " 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... | |
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