 ... that wherever the property of one man, which has been taken from him without his knowledge or consent, is found upon another, it is incumbent on that other to prove how he came by it ; otherwise the presumption is, that he obtained it feloniously...  A Treatise of the Pleas of the Crown - Page 550by Edward Hyde East - 1806 - 1126 pagesFull view - About this book
 | John Adolphus - 1818 - 762 pages
...palliated or denied. 1. Denial of tie FaR. It may be laid down generally, that wherever the property of one man, which has been taken from him without his knowledge or confent, is found upon another, it is incumbent on that other to prove how he came by it ; otheiwife... | |
 | William Oldnall Russell - 1819 - 1088 pages
...property of one to'pro've'how man> wn'cn has been taken from him without his knowledge he came by it. or consent, is found upon another, it is incumbent...the presumption is, that he obtained it feloniously, (rf) This rule, founded on the necessity of the case, which could never admit offences of this kind... | |
 | Nathan Dane - 1824 - 726 pages
...on this point. 2 East, 655, He lays it down, generally, that whenever the property of a 636> 667man, taken from him without his knowledge or consent, is found upon another, it is incumbent on this other to prove how he came by it ; otherwise the presumption is, that he obtained it feloniously.... | |
 | William Oldnall Russell - 1828 - 836 pages
...possession of the prisoner ; and upon such proof the general rule will attach, that wherever the property of one man, which has been taken from him without...the presumption is, that he obtained it feloniously, (a) This rule, founded on the necessity of the case, which cannot admit offences of this kind to go... | |
 | Henry Roscoe - 1840 - 908 pages
...subject are well slated by Mr. East. It may be laid down generally, he says, that whenever the property of one man, which has been taken from him without...another, it is incumbent on that other to prove how he carne by it ; otherwise the presumption is, that he obtained it feloniously. This, like every other... | |
 | Oliver Lorenzo Barbour - 1841 - 834 pages
...prisoner.(u) Where the stolen property is found in the possession of a person it la incumbent on him to prove how he came by it ; otherwise the presumption is that he obtained it feloniously. With reference to this presumption it is important to consider, in these cases, the length of time... | |
 | William Oldnall Russell - 1843 - 1190 pages
...а р ° ме8 " оп the property of one man, which has been taken from him without ¡tismcumbent his Knowledge or consent, is found upon another, it is incumbent on such pcron that other to prove how he came by it ; otherwise the рге- ^'£ е р sumption is, that... | |
 | Henry Roscoe - 1852 - 988 pages
...are well stated by Mr. East. " It may bo laid down generally, he says, " that whenever the property of one man, which has been taken from him without...upon another, it is incumbent on that other to prove (2) " Flight may be very strong evidence of guilt, or it may weigh nothing, according to the circumstances... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - 1854 - 588 pages
...• stated 2 East. PC, 656, § 93, thus : " It may be laid down generally, that whenever the property of one man, which has been taken from him without...presumption is that he obtained it feloniously." This presumption, as the author remarks, is strengthened, weakened or rebutted, by concomitant circumstances.... | |
 | John Bruce Norton - 1859 - 638 pages
...East's Pleas of the Crown, vol. '2, p 656. " It may be laid down generally, that wherever the property of one man, which has been taken from him without his knowledge or conient, is found upon another, it is incumbent, on that other to prove how he came by it ; otherwise... | |
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