A Preliminary Treatise On Evidence At the Common Law

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State v. Tisdale, 41 La. An. 338.
So in Pennsylvania, Com. o. McManus, 14 Pa. 64.
^ Sparf !•■ TJ. S , 156 U. S. 51. The contrary view was maintained in a rti.ssenting opinion of extraordinary learning and great ability by Gray, J., speaking for himself and Shiras, J. For the comments of the court on the case of Georgia v. Brailsford, treating it as an anomaly and quoting Curtis, J., as doubting the accuracy of the report, see ib. 64-65. In the dissenting opinion that case is discussed and the a
...uthenticity of the report seems to be vindicated at pp. 154-158. See - remarkable collection of authorities in support of the views of Gray, J., in a note to Erving v. Cra- dock, Quincy's Kep. 553, 558-572, — understood to have been furnished by that learned judge when at the bar. Compare 1 Bishop Cr. Prac, 3d ed. ss. 977, 983-988 ; 2 Thomp. Trials, s. 2133 ; Pierce, Life of Sumner, i.
330.
LAW AND FACT IN JURY TRIALS. 257 may still quote with approval Hargrave's note on this subject as being an accurate statement of the common law.i Before leaving the grave and complex subject of this chapter, one or two peculiar situations should be shortly mentioned.


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