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Proc. Cal

Categories: Criminal Law

Definition (1910 Edition)

1903, § 1833. Evidence which, standing alone and unexplained, would maintain the proposition and warrant the conclusion to support which it is introduced. Emmons v. Bank 97 Mass. 230. An inference or presumption of law, affirmative or negative of a fact, in the absence of proof, or until proof can be obtained or produced to overcome the inference. People v. Thacher, 1 Thomp. & C. (N. Y.) 167.—Probable evi ce. Presumptive evidence is 80 called, from its foundation in probability. Real evidence. Evidence furnished by things themselves, on view or inspection, as distin« guished from a description of them by the mouth of a witness; 6. g., the physical appearance of a person when exhibited to the jury, marks, scars, wounds, finger-prints, etc., also the weapons or implements used in the commission of a crime, and other inanimate objects, und evidence of the physical appearance of a place (the scene of an accident or of the commission of a crime or of property to be taken under condemnation proceedings) as obtained by a jury when they are taken to view it—Rebutting evidence. Pvidence given to explain, repel, counteract, or disprove facts given in evidence by the adverse party. Davis v. Hamblin, 51 Md. 539; Railway Co, v. Wales, 5 O. C. D. 170; People v. Page, 1 Idaho, 195: State v.
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.