The Lock and Key Library - The most interesting stories of all nations: American by Unknown
page 109 of 469 (23%)
page 109 of 469 (23%)
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announced by our courts prescribing distinctly how the corpus
delicti in murder must be proven. "The prisoner here stands charged with the highest crime. The law demands, first, that the crime, as a fact, be established. The fact that the victim is indeed dead must first be made certain before anyone can be convicted for her killing, because, so long as there remains the remotest doubt as to the death, there can be no certainty as to the criminal agent, although the circumstantial evidence indicating the guilt of the accused may be positive, complete, and utterly irresistible. In murder, the corpus delicti, or body of the crime, is composed of two elements: "Death, as a result. "The criminal agency of another as the means. It is the fixed and immutable law of this State, laid down in the leading case of Ruloff v. The People, and binding upon this Court, that both components of the corpus delicti shall not be established by circumstantial evidence. There must be direct proof of one or the other of these two component elements of the corpus delicti. If one is proven by direct evidence, the other may be presumed; but both shall not be presumed from circumstances, no matter how powerful, how cogent, or how completely overwhelming the circumstances may be. In other words, no man can be convicted of murder in the State of New York, unless the body of the victim be found and identified, or there be direct proof that the prisoner did some act adequate to produce death, and did it in such a manner as to account for the disappearance of the body." |
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