The Law of Evidence - Page 610

LAW OF EVIDENCE 589

(f) A is tried for a riot to assault or overowe the Police Officer and is proved to have marched at the head of a mob. Evidence may be given of the cries of the mob to explain the nature of the transaction.

(b) On suit for libel—imputing disgraceful conduct. Evidence may be given of the position and relation of Parties at the time the libel was published as introductory to facts in issue.

Under this evidence may be given of:

(1) The identy of a person or thing whose identity is in question.

(2) Exact time and place at which a fact in issue or a relevant fact happened.

(3) of the relation of the parties, to the fact in issue or relevant fact.

  1. § Proof is allowed of facts showing the existence of any state of mind.

  2. Under this, facts may be proved which shows intention, knowledge, good faith, negligence, ill-will or good will.

knowledge, Illus. (a): good faith Illus. (f): Intention, Illus. (e) (j): Ill-will. Illus. (k).

  1. Under this, evidence of previous conviction may be given. Illus. (b).

  2. Limitations upon the use of the Section.

(1) The state of mind of which evidence is given is not general state of mind- general disposition -but a state of mind which has reference to the particular matter in question.

(2) The evidence of the previous commission of the offence must be to show his state of mind with regard to the particular matter in question and for no other purpose.

  1. § Proof is allowed of facts to show that the act done was a part of a series of similar acts in order to show that the act in question was done intentionally and not accidently.