EVIDENOE
Categories: Criminal Law
Definition (1910 Edition)
comprehends everything that nae l be adduced at a trial, within the legal rules, for the purpose of producing conviction in the mind of judge or jury, aside from mere argument; that is, everything that has a probative force intrinsically, and not merely as a deduction from, or combination of, original probative facts. But “evidence” is a narrower term, and includes only such kinds of proc as may he legally presented at a trial, by the act of the parties, and through the aid of such concrete facts as witnesses, records, or other documents. Thus, to urge a presumption of law in support of one’s case is adducing proof, but it is not offering evidence. “Testimony,” again, is a still more restricted term. It properly means only such evidence as is delivered by a witness on the trial of a cause, either orally or in the form of affidavits or depositions. Thus, an ancient deed, when offered under proper circumstances, is evidence, but it could not strictly be called “testimony.” ‘Belief” is a subjective condition resulting from proof. It is a conviction of the truth of a
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.