Thomas Crisp Spelling.

A treatise on new trial and appellate practice; online

. (page 91 of 91)
Online LibraryThomas Crisp SpellingA treatise on new trial and appellate practice; → online text (page 91 of 91)
Font size
QR-code for this ebook


evidence, 227.
competency of, when considered where insufficiency alleged, 238.
controlling examination, and limiting cross-examination of, 60.
credibility of, as affecting sufficiency of evidence, 243.
at hearing, entirely for trial court, 406.
at hearing of motion, how far considered, 406.
defendant in criminal case as, proper cross-examination of, 91.
deportment of, as irregularity, 61.
disqualification of jurors as, at hearing of motion, 409.
disappointment in testimony of, as consti tilting accident or surprise,

101.
duty to call and examine, as constituting due diligence, 210.
duty to find and call, as constituting diligence, 210.
failure of accused to become, not proper subject for comment am<mg

jurors, 169.
failure to swear, as irregularity, 42.
forgetfulness of, uo ground for new trial, 217.
fully impeached by record, discredited by appellate court, 678.
impeaching party's own, sufficiency of objection, 286.
improper demeanor of court toward, as irregularity, 61.
improper examinati(m and crose-examination of, as irregiilarity,

•Ji.



Digitized by



Google



1764 IKDEX.

[Tke flgaret refer to sectiont.]
WITNESSES— Continued.

incompetency of, muat be made apeciflc ground of objection, 277.

in«tr notion touching credibility of, as basis of escrow, 311.

juror aSf should testify in open court, 168, 169.

law governing competency of, must be known, 212,

material, absence of, as ground for continuance, 126.

may be called upon trial of challenge of juror, 64.

mistake as to competency of, no ground for new trial, 188.

neglect to interview, as showing lack of diligence, 190.

right to continuance to obtain, waiver of, by accepting admispioQ

by opposite party, 143.
tampering with, or keeping from court, as irregularity, 96.
undue criticism of, by court as irregularity, 49.
unexpected failure of, to attend, constituting surprise, 200.
unexpected testimony from party's own, as aocident or surprisi^

201.
unwilling, compelling to answer, as showing diligence, 190.
when duty of party to examine and cross-examine, 214.

WRIT OF ERROR.

will not lie, where appeal given, 466.



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google



Digitized by



Google






Online LibraryThomas Crisp SpellingA treatise on new trial and appellate practice; → online text (page 91 of 91)