Section 14: Facts showing existence of state of mind, or feeling

Civil Law

Section 14: Facts showing existence of state of mind,  feeling

Illustrations

  • A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found.

The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found.

The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing the fact that A knew of the notice did not disprove A’s good faith.

  • A is charged with shooting at B with intent to kill him. In order to show A’s intent, the fact of A’s having previously shot at B may be proved.
  • A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters.
  • The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty, are relevant facts.
  • The question is, whether A’s death was caused by poison.

Statements made by A during his illness as to his symptoms, are relevant facts.

  • The question is, what was the state of A’s health at the time when an assurance on his life was effected.

Statements made by A as to the state of his health at or near the time in question, are relevant facts.

  • A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured.

The fact that B’s intention was drawn on other occasions to the defect of that particular carriage, is relevant.

The fact that B was habitually negligent about the carriage which he let to hire, is relevant.

  • A is tried for the murder of B by intentionally shooting him dead.

The fact that A, on other occasions shot at B is relevant, as showing his intention to shoot B.

The fact that A was in the habit of shooting at people with intent to murder them, is relevant.

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