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accused action acts of parliament admissible admitted affirmative alios allowed authority Baron Gilbert Benth Bonnier called cause circumstances civil common law competent confession conviction corpus delicti counsel courts of justice crime criminal cross-examination decision declarations deed defendant dence document estoppel examined existence fact false favour give evidence given Greenl ground guilt handwriting incompetency indictment infra instance issue judge judgment judicial evidence jury law of evidence Litt Lord Lord Eldon Lord Tenterden marriage matter maxim ment murder nature nesses nisi prius oath object observed offence onus probandi particular party perjury person plaintiff pleading possession practice presumed presumption principle Prob proceedings proved question real evidence reason received rejected relevant res judicata respect says secondary evidence Stark statement statute supposed sworn Tayl testimony tion trial tribunal truth tupra verdict Vict voir dire witness writing