Thursday, April 21, 2011

Indirect Proof--But Is It Primary?

The next issue of Casefile Clues discusses an 1827 court case from Kentucky. In testimony that is a part of the record, the father and son testify about certain facts of the case. The son, along with another witness, make indirect statements that imply who his father is.

The father never really makes those statements. Chances are he is in the same room with his son when his son testifies. Does his presence in the room and the fact that he does not disagree with his son's statements make the statement from the son primary information?

Good question.

We'll have my take on the answer in the next issue of Casefile Clues.

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